Here’s a full-length legal-style overview of the topic in Philippine context.

I. Overview

Many Filipino spouses working in Taiwan want to end a troubled marriage but are unsure how to do it legally under Philippine law. Because the Philippines (for most Filipinos) does not have absolute divorce, the main remedies are:

Declaration of absolute nullity of marriage (for void marriages);
Annulment of voidable marriage (“annulment” in everyday speech);
Legal separation (without dissolving the marriage bond);
Recognition of a valid foreign divorce (if the other spouse is a foreigner who obtained divorce abroad).

For Filipino spouses in Taiwan, the actual case is still filed in the Philippines, in a Philippine court, but much of the preparation can be done while the spouse is abroad.

This article focuses on how a Filipino spouse working in Taiwan can file an annulment/nullity case in the Philippines, what the law generally requires, and the practical issues for overseas workers.

(This is general information, not a substitute for advice from a Philippine lawyer.)

II. Key Concepts: Annulment vs. Nullity vs. Other Remedies

1. Void vs. voidable marriages

Under the Family Code of the Philippines, marriages are classified as either:

Void (from the beginning) – they are treated in law as if no valid marriage ever existed. The remedy is a “petition for declaration of absolute nullity of marriage.”
Voidable – the marriage is valid until annulled by a court. The remedy is a “petition for annulment of marriage.”

In everyday language, people just say “annulment” for both, but legally they’re different.

2. Legal separation

Does not dissolve the marriage.
Parties remain married and cannot remarry.
It simply allows separation of bed and board, and separation of properties.

3. Recognition of foreign divorce

If your spouse is a foreigner (e.g., Taiwanese national) and validly obtained a divorce abroad, a Filipino spouse can file a petition in the Philippines to recognize that foreign divorce, so that it also takes effect under Philippine law. This is a different kind of case from annulment/nullity, but often more straightforward if the divorce is validly obtained by the foreign spouse.

III. Grounds for Annulment and Nullity (Philippine Law)

When you file in the Philippines, you must anchor your petition on one or more legal grounds under the Family Code. You cannot simply say “we no longer love each other” or “irreconcilable differences” – that is not a ground in Philippine law.

A. Grounds for Void marriages (Nullity)

Some common grounds:

No marriage license, when a license is required (There are limited exceptions, like certain marriages in articulo mortis or among Muslims/indigenous peoples under their own law.)
Psychological incapacity (Article 36)
- A spouse is so psychologically incapacitated at the time of marriage that they cannot perform the essential marital obligations (e.g., extreme irresponsibility, inability to commit, serious personality disorder).
- Usually proven via expert (psychologist/psychiatrist) testimony and detailed factual evidence.
Bigamous or polygamous marriage (Article 35)
- One spouse was already married to someone else and that first marriage was still valid.
One or both parties below 18 years old at the time of marriage.
Incestuous marriages (Article 37)
- Between close blood relatives such as ascendants and descendants, or between full or half siblings.
Marriages void for reasons of public policy (Article 38)
- Certain specific close relations (e.g., between step-parents and step-children in some situations, relatives by adoption in certain degrees, etc.).
Other technical grounds (e.g., a second marriage contracted without the required judicial declaration of nullity of the first, under Article 40; certain issues under Article 41 on presumptive death, etc.)

B. Grounds for Voidable marriages (Annulment – Article 45)

These are valid until annulled. Common grounds:

Lack of parental consent
- One spouse was 18–21 years old and did not have parental consent.
- Time limits apply: generally, the action must be filed within a certain period from reaching 21 or discovering the defect.
Insanity at the time of marriage, unless the parties freely cohabited after regaining sanity.
Fraud Examples: concealment of a prior conviction involving moral turpitude, hiding pregnancy by another man, etc., as specifically recognized by the Family Code.
Force, intimidation, or undue influence
- The consent was obtained through pressure or threat, and the parties did not freely live together afterwards.
Impotence
- Physical incapacity to consummate the marriage, existing at the time of marriage and continuing, which is medically incurable.
Sexually transmissible disease
- A serious, apparently incurable sexually transmissible disease existing at the time of marriage.

Each ground has specific time limits and conditions on who can file and until when. This is very important for OFWs who may have left the country many years ago.

IV. Can a Filipino Working in Taiwan File in the Philippines?

1. Jurisdiction

Philippine Family Courts (Regional Trial Courts designated as such) have jurisdiction over petitions for nullity and annulment of marriage where at least one spouse is a Filipino and the marriage is sought to be dissolved under Philippine law.

It generally does not matter that you are physically in Taiwan – what matters is:

Your citizenship (Filipino); and
The marriage falls under Philippine jurisdiction (e.g., entered into by Filipinos, or validly recognized by PH law).

2. Venue (where to file)

As a general rule (simplified):

The petition is filed with the Family Court of the province or city where:
- The petitioner has been residing for a certain period immediately before the filing; or
- The respondent resides.

For OFWs, common approaches include:

Filing in the last place of residence in the Philippines before leaving for Taiwan; or
Filing in the place where the respondent-spouse currently resides in the Philippines.

Local practice and court interpretation vary, so it’s very important for counsel to check where the case can be validly filed.

V. Step-by-Step Process for a Filipino in Taiwan

Step 1 – Consult a Philippine lawyer

Because annulment/nullity cases are technical and evidence-heavy, the first step is usually:

Online/remote consultation (video call, email, etc.) with a Philippine family law practitioner.
Discuss:
- Details of the marriage (when/where, nationality of parties).
- Facts that may support a particular ground (e.g., psychological incapacity, fraud).
- Where the respondent currently lives.
- Your current status in Taiwan (OFW, permanent resident, etc.).

Step 2 – Collect civil registry and personal documents

Typical documentary requirements include:

PSA (Philippine Statistics Authority) marriage certificate (with annotations if any).
PSA birth certificates of the spouses and children.
CENOMAR (Certificate of No Marriage Record), especially if bigamy or prior marriage is in issue.
Proof of residence (e.g., barangay certificate, IDs showing address).
Photos, letters, messages, social media posts, and other documents that show the history of the relationship.
If based on psychological incapacity:
- Detailed personal histories;
- Questionnaires required by a psychologist;
- Any records of mental health treatment, police records, etc.

Your lawyer will usually give a checklist. Many of these documents can be obtained by a representative in the Philippines, armed with an authorization letter or Special Power of Attorney (SPA).

Step 3 – Execute a Special Power of Attorney (SPA) and other notarized documents in Taiwan

As an OFW, you usually cannot appear personally just to file the petition. Common practice:

You execute an SPA in favor of your lawyer or a trusted relative in the Philippines, authorizing them to:
- Sign the Verification and Certification against Forum Shopping (if allowed by the court’s interpretation),
- Receive documents and notices,
- Coordinate with counsel.
This SPA and other legal documents (affidavits, etc.) must be:
- Notarized/authenticated in Taiwan, and
- Authenticated by the Philippine representative office (e.g., MECO – Manila Economic and Cultural Office) so they will be recognized in the Philippines.

Your lawyer will guide you on the exact wording and the proper process.

Step 4 – Psychological evaluation (if using psychological incapacity as ground)

In psychological incapacity cases:

You will typically undergo interviews (by video call if abroad) with a psychologist or psychiatrist recognized by local courts.
The expert will also interview other people who know you and/or your spouse (parents, siblings, friends), often located in the Philippines.
Based on these, the expert prepares a written report diagnosing the psychological incapacity and linking it to the breakdown of your marriage.

This report will later be presented in court, and the psychologist may have to testify, often through remote testimony or personally.

Step 5 – Drafting and filing the petition in the Philippine Family Court

Your lawyer will prepare a verified petition, containing:

The facts of your marriage and relationship;
The specific legal ground(s) invoked (e.g., Article 36 psychological incapacity, Article 45 fraud, etc.);
The evidence you intend to present (witnesses, documents, expert testimony).

Then:

The petition is filed in the appropriate Family Court in the Philippines.
Filing fees must be paid; some indigent petitioners can apply to be exempt based on financial status.

Step 6 – Court process (simplified flow)

Raffle / assignment to a Family Court.
Issuance of summons to the respondent spouse (in the Philippines or abroad).
- If the respondent is in Taiwan or otherwise abroad, the court may allow service by publication or other substituted service, depending on the circumstances and the Rules of Court.
Mandatory appearance of public prosecutor and OSG (Office of the Solicitor General)
- Annulment/nullity petitions are not purely private suits; the State is interested in the integrity of marriage, so a prosecutor and OSG (or their representatives) take part to ensure there is no collusion or fraud.
Pre-trial
- The court tries to define the issues, mark evidence, and, in theory, explore settlement of ancillary matters (like custody and support).
- Your personal appearance is normally required at pre-trial. Some courts now allow remote appearance via video conference especially for OFWs, but this is discretionary with the judge.
Trial
- You (the petitioner) testify about the marriage and its breakdown.
- Your witnesses testify.
- For psychological incapacity, your psychologist/psychiatrist also testifies.
- The respondent may oppose and present their own evidence—or may not appear at all.
Decision
- If the court finds the grounds proven, it renders a Decision declaring the marriage null and void or annulling it.
- If not, the petition is dismissed.
Finality and registration
- Once the Decision becomes final and executory, the court issues an Entry of Judgment.
- The Decision and Entry of Judgment must be registered with:
  - The Local Civil Registrar where the marriage was registered; and
  - The Philippine Statistics Authority (PSA)
Only then can you obtain a PSA marriage record with an annotation stating that the marriage has been annulled or declared void.

VI. Presence of the OFW in Taiwan: Do You Need to Come Home?

1. For filing: usually no

The petition can be filed through your lawyer and attorney-in-fact using an authentic SPA.
You typically do not need to fly to the Philippines just to file.

2. For hearings: often yes (but remote testimony may be allowed)

Traditionally, personal appearance of the petitioner is required:
- At pre-trial, and
- During presentation of your own testimony.
However, Philippine courts now widely use video conferencing. Some judges allow:
- The petitioner to testify from abroad with proper arrangements (e.g., at a Philippine embassy/consulate/representative office or other secure location), or
- Remote participation in pre-trial and hearings.

Whether the judge will approve this depends on:

The court’s facilities and policies;
Justification given (e.g., work contract in Taiwan, financial hardship, immigration/work constraints); and
Compliance with Supreme Court rules on remote hearings.

You should be ready to travel, but also ask your lawyer to explore and formally request remote testimony if necessary. Many OFWs strategically schedule their vacation leaves to coincide with key hearings.

VII. Marriage Celebrated in Taiwan vs. in the Philippines

1. Marriage celebrated in the Philippines

If you married in the Philippines, your marriage is registered in a Philippine Civil Registry and PSA, and Philippine courts clearly have jurisdiction.

2. Marriage celebrated in Taiwan

If both parties are Filipinos, or at least one is Filipino, and the marriage was valid where celebrated, the Philippines usually recognizes the marriage, especially if:
- You caused it to be reported to the Philippine embassy/consulate/representative office, or
- You had it registered or recorded in the Philippines later.

For annulment/nullity, the Filipino spouse can still file in the Philippine Family Court on proper grounds. Your lawyer will:

Secure or present certified copies of the Taiwanese marriage record and the Report of Marriage (if any) for the Philippine records.

VIII. What Happens After Annulment/Nullity?

1. Civil status and ability to remarry

Once the Decision is final and annotated:

Your civil status reverts to “single” (or similar status) for practical purposes, and you may remarry under Philippine law, subject to compliance with other requirements (e.g., marriage license, marriage counseling, etc.).

2. Property relations

The court may also rule on:

Liquidation of property (conjugal or community property);
Determining who owns which assets;
Payment of obligations and debts.

For OFWs, this may involve:

Properties in the Philippines (land, houses, vehicles),
Properties in Taiwan,
Bank accounts and investments.

Depending on the complexity, the property issues may be handled:

Within the annulment/nullity case; or
In a separate civil action.

3. Custody, support, and parental authority over children

The Decision may address:

Custody – usually in the best interest of the child.
Child support – amount, manner of payment, etc.
Visitation rights of the non-custodial parent.

Even if you’re in Taiwan, you continue to owe support to your children under Philippine law. Failure to provide support may even be a criminal offense in some cases.

4. Surname of the wife

After annulment/nullity:

A wife may typically resume her maiden name.
She may also retain the husband’s surname in certain circumstances, especially if she has children bearing that surname or if the court specifically allows it.

IX. Timeframes and Costs (General, Non-Binding)

1. Time

Annulment/nullity cases in the Philippines are not fast. Roughly:

Many cases range from 2 to 5+ years, depending on:
- Court congestion;
- Availability of the judge, prosecutor, OSG, and lawyers;
- Cooperation (or obstruction) of the respondent;
- Availability of key witnesses and experts.

If hearings are delayed, reset repeatedly, or appealed, cases can take even longer.

2. Costs

Major cost components:

Professional legal fees (highly variable depending on lawyer, complexity, ground).
Psychological evaluation and expert witness fees (if applicable).
Court filing fees and other charges.
Travel costs if you must return from Taiwan for hearings.
Document procurement, translations, authentications, and courier costs.

Some OFWs may qualify for legal assistance (e.g., PAO – Public Attorney’s Office), but PAO’s involvement is subject to rules on indigency and priorities.

X. Special Situations

1. Spouse is Taiwanese or another foreign national

If your spouse is a foreigner and obtains a valid divorce in Taiwan, you may opt to:
- Ask a Philippine court to recognize the foreign divorce, so you will also be considered no longer married under Philippine law.
- This is often simpler than filing a full annulment/nullity petition, provided the divorce is valid under the foreign law and you can duly prove it.
If no divorce has been obtained, you may still pursue annulment/nullity under Philippine law.

2. Previous marriages and bigamy issues

If it turns out that:

Either you or your spouse was previously married and that prior marriage was still valid at the time of your marriage in Taiwan or the Philippines, then:
- Your marriage may be void as bigamous;
- The appropriate remedy might be a petition for declaration of nullity on the ground of bigamy.

This may have implications for criminal liability (bigamy is a crime under the Revised Penal Code), so legal advice is crucial.

3. Abandonment and non-contact

If your spouse has long abandoned you, gone missing, or cannot be reached:

The court can allow substituted service of summons or service by publication.
You still need to establish grounds for annulment/nullity; abandonment itself is more directly a ground for legal separation, not for nullity, unless it forms part of a broader ground (e.g., psychological incapacity).

4. Overstaying or immigration status in Taiwan

Your immigration or work status in Taiwan has no direct effect on whether the Philippine court can annul/nullify your marriage, but it affects:

Your ability to travel for hearings;
Your ability to receive documents;
Coordination with the Philippine representative office for SPA, notarization, etc.

XI. Practical Tips for Filipinos in Taiwan Planning to File

Gather your documents early.
- Keep digital and physical copies of important documents, chats, emails, and photos.
Write a narrative.
- Prepare a detailed written account of your relationship—from courtship, marriage, early years, up to the breakdown. This helps your lawyer and psychologist (if any) understand your case.
Be realistic about time and budget.
- Annulment/nullity is not quick or cheap. Plan your finances and work schedules accordingly.
Coordinate closely with your lawyer.
- Time zone differences between Taiwan and the Philippines are small, but still plan scheduled calls.
- Ask your lawyer to brief you before each stage (pre-trial, trial, psychological evaluation, etc.).
Consider alternatives.
- If your spouse is a foreigner and willing to divorce in Taiwan, ask about the possibility and process of recognition of foreign divorce in the Philippines.
- If reconciliation is still possible and safe, counseling or mediation may be explored.
Take care of your mental health.
- These cases are emotionally draining. Seek support from friends, family, support groups, or a mental health professional.

XII. Final Notes and Disclaimer

The above is a general overview of how a Filipino spouse working in Taiwan may file for annulment/nullity of marriage in the Philippines.
Specific rules on venue, procedure, evidence, and remote hearings are detailed in the Family Code and various Supreme Court issuances, and these can change over time.
Every case is fact-specific. Small differences in facts (e.g., age at marriage, nationality of spouse, whether a foreign divorce exists, previous marriages) can drastically change the proper remedy and the chances of success.

For any actual case, it is crucial to consult a Philippine lawyer experienced in family law, explain your situation fully (including your status in Taiwan), and get tailored advice on the best legal strategy and the practical steps for you as an OFW.