A practical legal article for the Philippine setting (Family Code–based), with procedure, grounds, evidence, effects, and common pitfalls.

1) Know the correct remedy: “Annulment” vs “Nullity” vs other options

In the Philippines, people often say “annulment” to mean “ending a marriage,” but legally there are different remedies:

A. Declaration of Absolute Nullity of Marriage (Void marriage)

A void marriage is invalid from the beginning. The court case is a petition for declaration of absolute nullity.

B. Annulment of a Voidable Marriage (Voidable marriage)

A voidable marriage is valid until annulled. The court case is a petition for annulment.

C. Legal separation (not annulment/nullity)

Legal separation does not end the marriage—it only allows spouses to live apart and separates certain property rights. No remarriage.

D. Declaration of presumptive death (for remarriage when spouse is missing)

If a spouse has been absent for years under the Family Code conditions, the present spouse may petition for presumptive death to remarry.

E. Recognition of foreign divorce (limited, but important)

The Philippines generally has no divorce for most citizens, but a foreign divorce can sometimes be recognized here (commonly involving marriages where a spouse is/was a foreign national, or where a Filipino later becomes foreign and obtains a divorce abroad), allowing updating of civil registry records and potential capacity to remarry under Philippine law—this is a separate court process.

F. Muslim personal laws

For Muslims, marriage and divorce may be governed by the Code of Muslim Personal Laws (and related Shari’ah processes), which is a different framework from the Family Code.

2) Grounds: when a marriage is void (nullity) vs voidable (annulment)

Below are the commonly invoked bases under the Family Code.

A. Void marriages (Declaration of Absolute Nullity)

A marriage is void when it suffers from fundamental defects such as:

Lack of essential or formal requisites Examples include:

No marriage license (subject to limited exceptions like marriages in articulo mortis, among others, depending on circumstances)
No authority of the solemnizing officer (with nuances if one party believed in good faith that the officer had authority)
Non-compliance with required formalities in situations where the law treats the defect as voiding (fact-specific)

Psychological incapacity (Family Code Art. 36) This is one of the most litigated grounds. In modern jurisprudence, psychological incapacity is treated primarily as a legal concept: a spouse’s serious inability (existing at the time of marriage, even if it becomes apparent later) to comply with essential marital obligations (e.g., mutual love/respect, fidelity, support, cohabitation, making joint decisions, basic partnership).

Courts look for gravity, rootedness (traceable to time of marriage), and inability, not mere refusal or occasional failure.
Expert testimony can help, but the court focuses on evidence of behavior and capacity.

Incestuous marriages Certain marriages between close relatives are void.
Marriages void for reasons of public policy Certain relationships within prohibited degrees (e.g., specific in-law/step relationships) are void.
Bigamous and polygamous marriages A subsequent marriage while a prior marriage subsists is void (and can create criminal exposure for bigamy), unless the situation falls into specific exceptions recognized by law (e.g., presumptive death properly obtained before remarriage, or a recognized foreign divorce that legally capacitated a spouse—highly fact-specific).
Mistake as to identity Marriage can be void if one party was mistaken as to the identity of the other (rare and narrowly applied).

Prescription: Actions to declare a void marriage generally do not prescribe (but practical issues like proof, standing, and collateral consequences still matter).

B. Voidable marriages (Annulment)

A marriage is voidable if it is defective but treated as valid until annulled. Grounds include:

Lack of parental consent (where required by law at the time of marriage) Traditionally applicable to parties who were of age to marry but still required consent under then-applicable rules.
Insanity/psychological unsoundness at the time of marriage Different from Art. 36 psychological incapacity (which is about inability to fulfill marital obligations).
Fraud Only certain types of fraud qualify (not “I was deceived about personality/character”). Classic examples include deception about matters the law specifically recognizes as fraudulent for marriage consent.
Force, intimidation, or undue influence
Impotence (physical incapacity to consummate) that is continuing and appears incurable
Serious and incurable sexually transmissible disease (as legally defined/treated), existing at time of marriage

Who can file and deadlines (critical in annulment)

Voidable marriages have prescriptive periods and limited persons who can sue (e.g., the injured spouse, parent/guardian in some cases, etc.), and filing late can bar the case. These deadlines are technical—timing and facts matter.

3) Choosing the correct case: a quick decision guide

If the defect makes the marriage invalid from the start (no license, bigamous, incestuous, Art. 36, etc.) → Nullity case.
If the marriage is valid until canceled due to consent/capacity issues (fraud, intimidation, impotence, STD, etc.) → Annulment case.
If you want separation but not to end the marriage → Legal separation.
If spouse is missing and you want to remarry → Presumptive death petition (not annulment/nullity).

Mislabeling the remedy can waste time and money, so correct legal framing is important.

4) Where to file and who hears the case

Court

Cases for nullity/annulment are filed in the Regional Trial Court (RTC) designated as a Family Court.

Venue (place of filing)

Typically, the petition is filed where:

the petitioner has been residing for the required period, or
the respondent resides, subject to the specific venue rules in the procedural guidelines for these cases.

5) What you need before filing (documents and preparation)

Commonly required and/or helpful:

PSA-issued Marriage Certificate (with security paper)
PSA Birth Certificates of spouses
PSA Birth Certificates of children (if any)
Proof of residence (barangay certificate, IDs, utility bills, lease, etc.)
Proof and narrative evidence supporting the ground:
- messages/emails, social media communications (authenticated properly)
- medical records (if relevant and legally admissible)
- police reports/barangay blotters (if relevant)
- affidavits or testimony of witnesses (family, friends, co-workers)
- financial records (support/property issues)
For Art. 36 cases: often a psychological evaluation and expert witness, plus strong corroborating testimony

Tip: Courts decide based on evidence, not just allegations. A well-documented timeline matters.

6) Step-by-step procedure (what the case usually looks like)

Procedurally, nullity and annulment cases follow special rules designed for family litigation. While details vary by court, the flow commonly includes:

Step 1: Consult counsel and case assessment

A lawyer evaluates:

the ground (whether it matches law/jurisprudence),
evidence availability,
risks (including possible counterclaims, property/custody implications, bigamy exposure).

Step 2: Draft and file the verified Petition

The Petition is filed with the RTC Family Court and generally includes:

facts of the marriage and separation,
the legal ground,
request for relief (nullity/annulment, custody, support, property, restoration of name, etc.).

You pay filing fees, and the case is raffled/assigned.

Step 3: Issuance and service of summons

The respondent is served. If the respondent cannot be located, the court may allow substituted service or, in some situations, service by publication (subject to strict requirements).

Step 4: Mandatory appearance, pre-trial, and case management

Family courts emphasize structured proceedings:

pre-trial briefs,
stipulations,
marking of evidence,
witness lists and scheduling.

Step 5: Investigation against collusion (and State participation)

Because marriage is considered imbued with public interest, the State participates:

A public prosecutor may be directed to determine if there is collusion between the parties (e.g., staging a friendly case).
The Office of the Solicitor General (OSG) typically appears on behalf of the Republic in these cases and may oppose or test the evidence.

Step 6: Trial (presentation of evidence)

You present:

petitioner’s testimony,
corroborating witnesses,
experts (if needed),
documentary evidence (properly offered and authenticated).

The respondent and the Republic may cross-examine and present evidence.

Step 7: Decision

The court either grants or denies the petition.

Step 8: Finality and registration (this is essential)

A favorable decision must:

become final and executory, and
be recorded/registered with the Local Civil Registrar and the PSA (annotation on the marriage record), following the court’s directives.

Practical point: Many legal consequences—especially the ability to remarry safely—depend on proper finality and registration.

7) Evidence standards: what courts look for (especially under Art. 36)

For psychological incapacity (Art. 36)

Courts typically want proof that:

the incapacity is serious and enduring, not just immaturity or incompatibility;
it relates to an inability to assume essential marital obligations;
it is traceable to the time of marriage (even if it manifested later);
the conclusion is supported by credible facts, not just a generic diagnosis.

Common weak points that sink cases:

“We always fought / we fell out of love” without showing incapacity
Uncorroborated claims
Copy-paste psychological reports not grounded in testimony and real history
Overreliance on labels instead of behavior evidence

For fraud, intimidation, impotence, STD grounds (voidable)

You generally need:

proof the condition existed at the relevant time,
proof it meets the legal definition and seriousness required,
proof of timely filing (prescription),
proof of non-ratification/continued defect where applicable.

8) Children, custody, support, and legitimacy

Legitimacy

In many scenarios, children conceived or born in a marriage later declared void/voidable may still be treated as legitimate depending on the specific ground and legal provisions (this is nuanced; legitimacy rules depend on why the marriage was void/voidable and whether the law treats the union as producing legitimate children).

Custody

The court’s guiding principle is the best interests of the child.
For young children, there is traditionally a preference for maternal custody unless there are compelling reasons otherwise, but every case is fact-specific.

Support

Child support is enforceable regardless of marital status issues; courts can order support pendente lite (support while the case is ongoing) and support in the judgment.

9) Property relations: what happens to assets and debts

Marriage affects property regimes (e.g., Absolute Community of Property or Conjugal Partnership of Gains, depending on when the marriage occurred and what regime applies).

In nullity/annulment proceedings, the court may address:

dissolution and liquidation of the property regime,
inventory and distribution,
settlement of obligations,
protection of family home and children’s shares,
appointment of an administrator in some cases.

Property issues can be litigated in the same case or handled in related proceedings depending on what is pleaded and how the court directs the process.

10) Surname and civil status after the case

After a final decree and proper civil registry annotation:
- parties’ civil status updates as the law provides (e.g., “single” for a void marriage declaration, subject to registry practice),
- a spouse who changed surname may seek to resume use of prior name, depending on the circumstances and applicable rules,
- documents (IDs, passports, records) typically require the annotated PSA documents for updates.

11) Timeline and cost (practical expectations)

There is no single standard duration. Factors affecting length:

court docket congestion,
difficulty serving summons,
complexity of evidence (especially expert-heavy cases),
respondent participation and OSG posture,
postponements and availability of witnesses.

Costs also vary widely:

attorney’s fees,
psychological evaluation/expert fees (if applicable),
filing fees, publications (if ordered),
document procurement and incidental expenses.

Be cautious of anyone promising a “guaranteed” result or an unrealistically fast timeline.

12) Common pitfalls and legal risks

Filing the wrong case (annulment vs nullity vs other remedy)
Weak Art. 36 evidence (incompatibility ≠ psychological incapacity)
Missing annulment deadlines (prescription)
Improper service of summons (can derail proceedings)
Collusion red flags (can lead to denial)
Bigamy exposure if someone remarries before finality/registration or without the correct prior court action
Assuming separation = free to remarry (it is not)
Neglecting civil registry annotation after winning (creates future legal/document problems)

13) Frequently asked questions

“Can I file even if my spouse won’t cooperate?”

Yes. The case can proceed even if the respondent contests, ignores, or fails to appear—provided summons/service and due process requirements are met.

“Do I always need a psychologist?”

Not always as a strict requirement, but in Art. 36 cases, psychological/expert evidence is commonly used and often helpful. Ultimately, the judge decides based on the totality of evidence.

“Is infidelity a ground?”

Infidelity by itself is not a direct ground for nullity/annulment. It may support:

legal separation grounds, or
be part of a broader factual pattern relevant to another ground (rarely sufficient alone for Art. 36).

“Can I remarry right after the decision is released?”

Do not rely on the date the decision is issued. You generally need:

the decision to become final and executory, and
compliance with registration/annotation requirements. Remarrying prematurely can create serious legal consequences.

“Can we just ‘agree’ to end the marriage?”

No. Philippine courts will scrutinize for collusion, and marriage cases require proof that satisfies the court and the Republic’s participation.

14) A practical filing checklist (summary)

Identify correct remedy (nullity/annulment/other)
Collect PSA certificates and residency proofs
Build a detailed timeline and witness list
Gather documents supporting the ground
Prepare the petition and requested relief (custody/support/property)
File in RTC Family Court and ensure proper service
Prepare thoroughly for pre-trial and trial (including experts if needed)
After judgment: secure finality and register/annotate civil registry records
Update personal records and implement custody/support/property directives

Important note

This article is general legal information for the Philippine context. Because outcomes depend heavily on facts, evidence, timing, and local court practice, consult a Philippine family law practitioner to evaluate your specific situation and to avoid procedural missteps that can delay or defeat a case.