How to File Annulment of Marriage in the Philippines

This article explains—end-to-end—the Philippine rules, grounds, timelines, evidence, and post-judgment effects for annulment and related remedies (declaration of nullity and legal separation). It’s written for lay readers but tracks the Family Code and typical courtroom practice. Laws and jurisprudence evolve; treat this as general information, not legal advice.

1) Annulment vs. Declaration of Nullity vs. Legal Separation

Annulment targets a voidable marriage: valid until annulled. Grounds are defects at the time of marriage (e.g., lack of parental consent, fraud). Children conceived before finality remain legitimate. Property relations are unwound after judgment.
Declaration of Nullity targets a void marriage: invalid from the beginning (e.g., psychological incapacity; absence of a valid marriage license; bigamy; incest; marriages void for public policy). In practice this is filed more often than annulment because many problem marriages are void, not merely voidable.
Legal Separation does not dissolve the marriage; it only separates spouses from bed and board and settles custody, support, and property issues. Neither spouse can remarry.

Choosing the right remedy matters for evidence, timelines, and outcomes for children and property. A good lawyer will first diagnose whether your facts point to void or voidable.

2) Grounds

A. Grounds for Declaration of Nullity (void marriages)

Common examples include:

Psychological incapacity (Family Code Art. 36): A grave, existing condition at the time of marriage rendering a spouse truly unable to assume essential marital obligations (not mere incompatibility). Modern jurisprudence treats it as a legal concept; expert psychology reports can help but are not strictly mandatory.
No valid marriage license (except license-exempt cases recognized by law).
Bigamous or polygamous marriage (a prior valid marriage still subsisting).
Incestuous marriages and those void for public policy (e.g., within prohibited degrees).
Lack of authority of the solemnizing officer (with nuances if the parties believed in good faith there was authority).

No prescriptive period: A void marriage may be attacked anytime, by the spouses or even by certain interested parties, subject to standing rules.

B. Grounds for Annulment (voidable marriages)

(Family Code Art. 45)

Lack of parental consent (one party was 18–21 at marriage and parental consent was missing).
Insanity at the time of marriage.
Fraud (statutorily defined; e.g., concealment of a serious sexually transmissible disease, addiction, habitual alcoholism, homosexuality/lesbianism, a pregnancy by another man, or a conviction for a crime involving moral turpitude).
Force, intimidation, or undue influence.
Physical incapacity to consummate (incurable impotence).
Serious, apparently incurable sexually transmissible disease existing at the time of marriage.

With prescriptive periods (Family Code Art. 47). Examples:

Lack of parental consent: within 5 years after the party turns 21 (and by the parent/guardian before that age).

Fraud: within 5 years from discovery.

Force/intimidation: within 5 years from cessation.

Impotence or serious STD: within 5 years from the marriage.

Insanity: by the sane spouse before regaining sanity or within 5 years after recovery; by relatives/guardian at any time before the insane spouse’s death.

3) Where and How to File

Court: File a verified Petition with the Regional Trial Court (RTC) designated as a Family Court where either spouse resides (venue rules have nuances when the respondent is abroad or cannot be found).
Parties: Petitioner vs. Respondent. The State is represented by the Office of the Solicitor General (OSG) through a public prosecutor, who must investigate collusion and simulation of evidence. The Local Civil Registrar and Philippine Statistics Authority (PSA) are typically notified for record annotation after finality.
Core contents of the Petition:
- Personal and marriage details; copies of the PSA marriage certificate and, if applicable, children’s PSA birth certificates.
- Precise ground(s) and the facts supporting them.
- Reliefs sought: dissolution, custody/visitation, child support, spousal support (pendente lite), property liquidation, use of surnames, etc.
- Attachments: IDs, proof of residence, documentary exhibits (photos, messages, medical/psych reports), and witness lists.
Filing fees: Court docket and sheriff’s fees are fixed by the judiciary schedule; the professional fee of counsel is separate and varies by complexity and location.

4) The Case Flow (Typical)

Filing & Raffle to a Family Court.
Prosecutor’s Collusion Report: The public prosecutor investigates whether the spouses colluded or fabricated evidence. The case cannot proceed without the report.
Pre-trial: The judge streamlines issues; courts often refer parties to mediation. In some salas, the judge will personally explore reconciliation where appropriate.
Trial:
- Petitioner’s evidence: testimonial (petitioner, corroborating witnesses, experts) and documentary.
- State’s participation: the prosecutor/OSG may cross-examine and oppose.
- Respondent’s evidence (if appearing).
Memoranda (optional but common).
Decision:
- Granted: The marriage is annulled/declared void; the court rules on custody, support, property, damages (rare), and surnames.
- Denied: Marriage remains; parties may appeal.
Finality & Entry of Judgment: After the decision becomes final (no appeal or after appeal resolves), the court issues an Entry of Judgment.
Civil Registry Annotation:
- The court transmits the decision and entry of judgment to the Local Civil Registrar that issued the marriage certificate and to the PSA for annotation.
- PSA later issues an annotated marriage certificate and updated Advisory on Marriages.

Timeline: Highly variable—fact complexity, court docket, availability of witnesses/experts, and OSG participation all affect duration. Expect many months to several years.

5) Evidence Strategy

Documentary: Marriage/birth certificates (PSA), communications (emails, messages, social media), medical/psychological records, rehab records, police or barangay blotters, photos, financial documents showing abandonment or neglect, etc.
Testimonial:
- Petitioner: clear, detailed chronology from courtship to marital breakdown; behavior before, at, and after the wedding (especially important for psychological incapacity).
- Corroborating witnesses: family, friends, coworkers, neighbors who observed relevant behaviors.
- Experts:
  - Psychological incapacity cases often use clinical psychologists or psychiatrists. Contemporary doctrine emphasizes legally significant traits/behaviors impairing essential marital obligations; a medical diagnosis is not strictly indispensable, but structured expert testimony remains persuasive.
  - Impotence/STD grounds typically require medical proof.
State’s checks: Expect rigorous cross-examination and attacks on bias, hearsay, and adequacy of foundation for conclusions.

6) Children: Custody, Support, and Status

Custody: Best-interests standard. Young children are generally kept with the mother unless compelling reasons dictate otherwise. Courts craft visitation schedules tailored to the child (school calendar, holidays, supervised visits if safety is an issue).
Support: Both parents must support the child in proportion to resources and needs (tuition, medical, housing, food, etc.). Temporary support pendente lite is available.
Legitimacy:
- In annulment (voidable marriage), children conceived before finality remain legitimate.
- In nullity cases, legitimacy depends on the legal basis. Children from marriages declared void for psychological incapacity are treated as legitimate under the Family Code’s specific rule protecting them. In other void cases, children are generally illegitimate, but separate doctrines (e.g., legitimation, acknowledgment, or good-faith exceptions) may apply. A lawyer should analyze the exact facts and articles invoked.
Surnames: Legitimate children carry the father’s surname by default (with later change possible in defined circumstances). Illegitimate children generally use the mother’s surname unless acknowledged according to law.

7) Property Consequences

Property regime: Usually absolute community (default after the Family Code) or conjugal partnership if married before effectivity or by valid agreement. Prenups (marriage settlements) control if validly executed and registered.
Upon annulment or nullity:
- The court liquidates the property regime, pays conjugal debts, and returns exclusive property to each spouse.
- The innocent spouse may receive preferential rights (e.g., forfeiture of the share of the spouse in bad faith).
- Donations by reason of marriage may be revoked depending on fault and ground.
- Insurance beneficiaries and succession expectations change after finality.
Use of surnames: A wife may resume her maiden surname; rules vary if she was the guilty or innocent spouse and on potential confusion for children.

8) Special Topics & Alternatives

Recognition of Foreign Divorce: If a foreign spouse validly obtains a divorce abroad, a Filipino spouse can petition Philippine courts to recognize that divorce, enabling remarriage. If the Filipino later became a dual or foreign citizen, recognition may also be available. This is not an annulment case but often the fastest route when facts fit.
Presumptive Death: A spouse may obtain a judicial declaration of presumptive death of an absent spouse under strict conditions; a subsequent marriage contracted in reliance on that judgment is protected by law. This is a separate special proceeding.
Church Annulment: A canon law decree has no civil effect by itself. Civil status changes only through civil courts and PSA annotation.
Name/Entry Corrections: Minor clerical errors can be fixed administratively (RA 9048/10172). Substantive changes (e.g., legitimacy status) require court orders.

9) Practical Step-by-Step Checklist

Diagnose the remedy: void (nullity) vs voidable (annulment) vs legal separation; consider recognition of foreign divorce if applicable.
Retain counsel: Preferably with Family Court experience in your judicial region.
Collect records:
- PSA marriage and birth certificates (and CENOMAR if needed).
- IDs, proof of residence, photos, messages, medical/psych evaluations, affidavits.
Map witnesses: Identify who can testify to pre-marital, ceremony-time, and post-marital behaviors.
Draft & file Petition in the proper Family Court; pay fees.
Attend prosecutor’s conference (collusion investigation).
Pre-trial/mediation; request interim support or protection orders if needed.
Trial: Present petitioner, witnesses, and experts; mark exhibits carefully.
Await Decision; consider appeal strategy with counsel.
After finality: Secure Entry of Judgment; coordinate with Local Civil Registrar/PSA for annotation; update IDs, property titles, and benefits.
Implement orders: Custody schedules, support payments, property liquidation, surname updates.

10) Costs, Risks, and Ethical Notes

Costs: Court fees (fixed) + lawyer’s fees (fact-dependent) + expert fees (if any) + incidentals (PSA docs, notarization, service of summons, transcripts).
Common pitfalls:
- Choosing the wrong cause of action (e.g., pleading annulment when facts show nullity).
- Thin evidence on behaviors before and at the time of marriage (critical for psychological incapacity).
- Poor witness preparation and unreliable documents.
- Ignoring post-judgment steps (annotation), which leaves PSA records uncorrected.
Good-faith and candor: Courts scrutinize petitions for collusion. Accuracy and honesty in pleadings and testimony are essential; perjury has criminal consequences.

11) Frequently Asked Questions

Can I remarry immediately after a favorable decision? Only after the decision becomes final and executory and the PSA has annotated the record. Keep certified copies of the decision and entry of judgment.

Do I need an expert for psychological incapacity? Not strictly, but persuasive expert testimony that ties observable behavior to an incapacity to assume essential marital obligations strongly improves your case.

If my spouse won’t appear, can the case still proceed? Yes, with proper service of summons (or substituted/constructive service when allowed) and the State present to oppose. The prosecutor still investigates collusion.

Will I get support during the case? You can ask for temporary support pendente lite for yourself (when warranted) and for the children.

How long will it take? There is no fixed duration; plan for a multi-stage process whose length depends on court load, witness availability, and complexity.

12) Document Prep Primer (What Your Lawyer Will Ask For)

Government IDs; proof of domicile.
PSA: marriage certificate; children’s birth certificates; CENOMARs if needed.
Evidence packets: timeline of the relationship; diaries or contemporaneous notes; printed chats/emails (with headers); medical/psych records; barangay/police or HR records.
Witness list with short summaries of what each person saw/heard.
Financials for support (pay slips, tuition, medical bills).
If alleging fraud/STD/impotence/addiction—obtain medical or official documents when possible.

Bottom Line

Filing an annulment (voidable) or a petition for declaration of nullity (void) in the Philippines is a structured, evidence-driven court process. Success turns on (1) selecting the correct legal remedy, (2) credible, specific proof—especially about conditions at the time of marriage, and (3) following through to PSA annotation after finality. If you’re ready to move forward, start by clarifying your ground with counsel and building a fact-anchored evidence plan.