How to Cancel a Marriage in the Philippines: The Annulment (and Nullity) Process

For general information only and not a substitute for tailored legal advice.

Quick map of remedies

In Philippine law, “cancelling a marriage” may refer to two different court actions under the Family Code. Knowing which one fits your situation determines grounds, deadlines, evidence, effects on children and property, and the paperwork you’ll need after judgment.

Declaration of Absolute Nullity (Nullity) – for void marriages (they were invalid from the start).
Annulment – for voidable marriages (valid until a court annuls them).

You cannot end a marriage by private agreement, deed, or church decision alone. A Philippine court judgment is required. A party cannot lawfully remarry unless there is a final court decision and PSA annotation of the marriage record (and, in bigamy-like scenarios, the specific statutory requirements are met).

Void vs. Voidable marriages

A. Void marriages (for Nullity)

Examples include:

Lack of essential/formal requisites: no marriage license (unless exempt by law), or no competent solemnizing officer; absence of consent; or no true ceremony.
Psychological incapacity (Art. 36): a grave, antecedent, and incurable incapacity of a spouse to assume the essential marital obligations. Philippine jurisprudence treats this as a legal (not purely medical) concept; expert testimony may help but is not strictly indispensable.
Incestuous and prohibited marriages (e.g., between ascendants/descendants or certain relatives).
Bigamous/polygamous marriages (a second marriage while a prior valid one subsists), unless the strict statutory defenses apply (see “Presumptive death,” below).
Mistaken identity in the person actually married.

Key features: An action for nullity does not prescribe (no time limit). Children’s status depends on the ground (see “Status of children,” below).

B. Voidable marriages (for Annulment)

Grounds (Art. 45), each with strict time limits (Art. 47):

Lack of parental consent (spouse was 18–21 at the time, no parental consent). When to file: within 5 years after reaching 21.
Insanity (existing at marriage). When to file: before the insane spouse regains sanity, or within 5 years thereafter.
Fraud (e.g., concealment of a conviction, pregnancy by another man, identity deception, etc.). When to file: within 5 years from discovery.
Force, intimidation, or undue influence. When to file: within 5 years from cessation.
Physical incapacity to consummate (incurable, existing at marriage). When to file: within 5 years from marriage.
Serious, incurable sexually transmissible disease (existing at marriage). When to file: within 5 years from marriage.

Key features: The marriage is considered valid until annulled; children conceived or born before the final annulment judgment are legitimate.

Special notes on related doctrines

Prior judicial declaration required before remarriage (Art. 40). Even if a marriage is void (e.g., bigamy), a court judgment declaring nullity is required before a party can validly marry again.
Presumptive death (Art. 41). A spouse may contract a new marriage only after obtaining a court declaration of presumptive death of the absent spouse, with strict conditions (e.g., 4 years of absence; 2 years if there was danger-of-death circumstances), plus good-faith belief that the spouse is dead.
Foreign divorce. A Filipino spouse may, under specific circumstances, recognize a foreign divorce obtained by the foreign spouse (or by the Filipino spouse if already a foreign citizen at the time) through a Philippine court petition for recognition of that judgment. Recognition is a separate track from annulment/nullity.
Church annulment vs. civil annulment. A church decree has no civil effect. Only a Philippine court judgment changes your civil status and records.

Who can file, where, and when

Who: A spouse (or in limited cases, certain representatives/guardians), depending on the ground.
Where: Regional Trial Court (Family Court) where the petitioner has resided for at least six months prior to filing, or where the respondent resides (venue rules may vary in special situations).
When:
- Nullity: anytime (imprescriptible), except certain related actions (e.g., presumptive death) have their own timetables.
- Annulment: within the prescriptive periods above.

Step-by-step: How the case typically proceeds

Retain counsel & case assessment Your lawyer evaluates the facts, selects the correct remedy (nullity vs annulment), identifies the ground(s), and maps evidence and witnesses (e.g., family, friends, counselors, therapists, priests/pastors, colleagues). In psychological-incapacity cases, counsel will consider whether a psychological evaluation and expert testimony will help prove the legal standard.
Gather documents
- PSA-issued copies: marriage certificate (and any prior marriages/divorces and their judgments), children’s birth certificates, CENOMAR if relevant.
- Proof of the ground: medical/psychiatric records (if any), counseling notes, affidavits, letters, messages, photos, financial records, police or barangay reports, etc.
- Evidence on property and income for custody, support, and property issues.
File the verified Petition in the proper Family Court
- The petition states the facts, ground(s), jurisdiction, and reliefs (e.g., nullity/annulment; custody; support; property liquidation; permission to resume maiden name).
- Pay filing fees (varies by court and claims). Indigency may qualify for fee relief.
Raffle & docketing; issuance of summons The case is raffled to a branch. The respondent is served and may file an Answer.
Mandatory investigation of collusion A public prosecutor represents the State’s interest in the sanctity of marriage. They investigate possible collusion and appear at hearings. The Office of the Solicitor General (OSG) typically represents the State on appeal.
Pre-trial The court attempts to define issues and explore settlement on ancillary matters (custody, visitation, support, provisional orders). The merits of marital validity itself are not compromised.
Trial (presentation of evidence)
- Petitioner’s evidence: the spouse and witnesses testify; documents are offered; in Art. 36 cases, expert and factual witnesses establish the legally-defined incapacity (its gravity, juridical antecedence, and incurability).
- Respondent’s evidence (if any).
- Prosecutor may cross-examine; the State guards against collusive or fabricated grounds.
Decision The court either grants (declares nullity or annuls the marriage) or dismisses the petition. If granted, the court may also rule on custody, support, use of surnames, and property consequences.
Post-judgment
- Appeal window: A losing party (or the State) may appeal within tight deadlines.
- If final and executory, secure a Certificate of Finality and Entry of Judgment.
Civil registry & PSA annotation (critical)
- Register the judgment with the Local Civil Registrar where the marriage was recorded and with the Philippine Statistics Authority (PSA).
- The PSA will annotate the marriage certificate (and, when applicable, birth certificates).
- Government records should then be updated (DFA passport, SSS/GSIS, PhilHealth, BIR/Tax, LTO, land titles, banks, HR).

Provisional and ancillary matters

Courts can issue provisional orders while the case is pending:

Custody and visitation: Guided by the best interests of the child.
Support pendente lite: Child and, in proper cases, spousal support.
Protection measures: Where applicable (e.g., under special laws addressing violence).
Injunctions on property disposition, if warranted.

Effects of a granted petition

A. Civil status and surname

Parties revert to “single” civil status.
A wife may resume her maiden surname (or continue using the husband’s surname in some circumstances allowed by law and jurisprudence). Update IDs and records after PSA annotation.

B. Property relations

Void marriage: Property relations fall under Art. 147 (cohabitation of parties not disqualified to marry) or Art. 148 (cohabitation with a legal impediment like a prior subsisting marriage). Contributions matter greatly; bad-faith can forfeit benefits.
Voidable marriage annulled: The absolute community or conjugal partnership is dissolved and liquidated.
In both, the court (or parties by approved agreement) divides property, settles support, and may order accounting and reimbursement of exclusive funds used for family expenses.

C. Status of children

Annulment (voidable marriage): Children conceived or born before the final judgment are legitimate.
Nullity for psychological incapacity (Art. 36): Children conceived or born before the final judgment are likewise legitimate by express statutory rule.
Other void marriages: As a rule, children are illegitimate, but they retain rights to support and to inherit from their parents by intestacy (with shares defined by law).
Regardless of the remedy, parental authority and support obligations remain; custody and visitation follow the child’s best interests.

D. Support and custody

Both parents owe support to legitimate and illegitimate children alike.
Custody may be joint or sole, with structured visitation; relocation, schooling, health, and religion issues can be detailed in the judgment or a court-approved parenting plan.

Evidence in psychological-incapacity cases (Art. 36)

The Supreme Court has clarified that psychological incapacity is a legal standard focused on a spouse’s inability (not mere difficulty or refusal) to meet essential marital obligations, with the condition being grave, rooted prior to the marriage, and incurable (or so resistant to treatment that the marital obligations cannot be met).
No single “medical diagnosis” is mandatory. Courts evaluate totality of evidence: credible testimony of the spouse and family/friends, life history patterns, and (where helpful) expert opinions.
Acts like chronic abandonment, extreme irresponsibility, severe substance abuse, or entrenched pathological traits may support the ground when proven to meet the legal elements.

Costs, timeline, and practical tips

Timeframe: Varies by court congestion, complexity, availability of witnesses, and whether the case is contested or appealed.
Costs: Attorney’s fees, filing fees, publication/service (if needed), transcript and expert fees (if any). Fee waivers may be available for the indigent.
Be truthful and consistent. Courts are alert to collusion and fabricated grounds.
Protect children. Keep disputes away from them; ask the court for protective and child-sensitive measures if needed.
Parallel church process? If desired for religious reasons, remember it is distinct and has no civil effect.

After the judgment: a compliance checklist

Secure the Decision, Entry of Judgment, and Certificate of Finality from the court.
Register the judgment with the Local Civil Registrar and PSA for annotation.
Update government and personal records: PSA copies, DFA passport, SSS/GSIS, PhilHealth, Pag-IBIG, BIR (TIN and status), LTO, PRC, COMELEC, bank and insurance profiles, land titles and tax declarations, company HR records.
Implement custody/support terms; open a dedicated support account or payment channel to minimize conflicts and preserve proof.
Estate planning: Update wills, insurance beneficiaries, and guardianship designations consistent with the new civil status.

Frequently asked clarifications

“Can we just sign a waiver and move on?” No. Only a court judgment can annul or declare a marriage void.
“Do I need a lawyer?” Practically, yes. These are special civil actions with strict rules; the State participates.
“Will I be free to remarry immediately after the Decision?” Not until the judgment is final and your marriage record is PSA-annotated.
“Is adultery/infidelity a ground?” Not by itself for annulment/nullity, though it may be relevant evidence (e.g., of psychological incapacity) or for legal separation (a different remedy that does not dissolve the marriage).
“Will the case be public?” Proceedings are generally confidential to protect parties and children; access to records is restricted.
“Can we settle?” You can settle custody, support, and property issues, subject to court approval. The existence/validity of the marriage itself cannot be “settled” by agreement.

Documents most people prepare

PSA copies of marriage and children’s birth certificates; CENOMAR where relevant.
IDs, proof of residence (venue requirement).
Evidence of grounds (messages, emails, diaries, counseling records, medical records, police/barangay reports, testimony).
Financials (pay slips, ITRs, bank statements) for support and property issues.
Draft parenting plan (custody/visitation, schooling, holidays, medical decisions, relocation, dispute-resolution).

Final word

Ending a marriage in the Philippines requires choosing the correct legal remedy (nullity vs. annulment), meeting the specific statutory ground, and following the Family Court process to a final judgment and PSA annotation. Because consequences for status, children, property, and the right to remarry are significant, consult a Philippine family-law practitioner to evaluate your facts, strategy, and evidence—and to navigate the procedural steps efficiently and ethically.