This is general legal information for the Philippine setting. It isn’t a substitute for tailored advice from a Philippine lawyer who can assess your facts, timeline, and evidence.

1) Big picture: three different remedies (don’t mix them up)

Declaration of Nullity of Marriage (void marriage). Treats the marriage as invalid from the start (e.g., psychological incapacity, bigamy, no marriage license, incestuous or prohibited degrees, lack of authority of the solemnizing officer without good-faith belief, etc.).
Annulment (voidable marriage). The marriage was valid when celebrated but can be annulled due to certain defects (e.g., lack of parental consent for an 18–20-year-old, insanity existing at the time of marriage, fraud, force/intimidation/undue influence, inability to consummate, serious and incurable sexually transmissible disease existing at the time of marriage).
Legal Separation. The marriage bond remains; spouses live separately and property relations/custody/support are settled. No right to remarry.

Practice tip: When people say “annulment,” they often mean any case to end a marriage. Your lawyer will classify the ground correctly because the procedural rules and evidence strategy differ for nullity vs. annulment.

2) Who can file, where to file, and when

Who may file

In annulment (voidable): generally the “injured” spouse; in some grounds, legal guardians or relatives may file under specific circumstances.
In nullity (void): any spouse with legal standing; in some cases even by the State’s intervention to uphold public policy.

Venue (Family Court)

File with the Regional Trial Court designated as a Family Court:

Where the petitioner resides, or
Where the respondent resides (specific venue rules apply if the respondent is abroad or cannot be found).

Time limits (very important in annulment)

Deadlines depend on the ground. As a rule of thumb:

Many annulment grounds carry five-year prescriptive periods (often counted from the discovery of the defect, or from the end of the duress, or from reaching the age of majority for lack of parental consent).
Some grounds (e.g., insanity) have special timing rules.
Nullity actions (void marriages) generally do not prescribe, but related claims (property, support, damages) can.

Because computation of deadlines can make or break a case, have a lawyer calculate exact accrual and cut-offs based on your chronology.

3) First consultation: what to prepare and expect

A. Your story, structured

Arrive with a timeline:

How you met, courtship, engagement.
What you knew (or didn’t) about your spouse before marriage.
Marriage details: date, place, officiant, witnesses, license.
Early marital life and key patterns (finances, intimacy, family roles).
Incidents showing the ground (e.g., fraud discovered on a specific date; episodes evidencing psychological incapacity; threats or coercion around the wedding).
Separation date(s), attempts to reconcile, current status.

B. Core documents for counsel’s preliminary review

PSA Marriage Certificate (security paper).
PSA Birth Certificates of children, if any.
IDs and proof of residence.
Photographs together, messages, letters, emails, chat logs.
Financial records (bank statements, receipts, remittances).
Medical/therapy/rehab records (if relevant to the ground).
Police blotters, barangay records, protection orders (if any).
Prior court orders or contracts (e.g., deeds, loans affecting conjugal property).
If alleging psychological incapacity: names of potential corroborating witnesses (parents, siblings, close friends, coworkers) who personally observed long-standing behaviors.

C. What typically happens in the consult

Ground-matching: Lawyer maps your facts to nullity vs. annulment and pinpoints the exact legal ground.
Evidence audit: What you already have vs. what you must still gather.
Case theory: How to prove the ground, who will testify, and whether to obtain expert evaluation (clinical psychologist/psychiatrist) when indicated.
Costs and timelines: Filing fees, professional fees, cost of experts/transcripts, and realistic stage-by-stage durations (no one can guarantee a fixed number of months).
Risk assessment: Strengths, gaps, potential defenses, and chances of appeal by the State.

4) Building your file: standard documentary checklist

Not all items are required in every case; include only what is relevant and authentic.

Identity & civil status

PSA Marriage Certificate (and Advisory on Marriages for each spouse, if requested by counsel).
PSA Birth Certificates of children.
Government IDs; proof of residence.

Relationship history

Photos from different years.
Letters, emails, messages (exported with timestamps).
Travel records, boarding passes, visas (to establish cohabitation chronology).

Ground-specific evidence

Fraud/misrepresentation: documents proving the concealed fact (e.g., prior marriage, conviction, debts, pregnancy by another, etc.) and the date of discovery.
Force/intimidation: messages, witness statements, blotters, affidavits describing threats around the wedding; proof when the coercion ceased.
Psychological incapacity: expert report (if used), school/work records, therapy notes, family history, consistent witness accounts of antecedent, grave, and incurable traits manifesting before or at marriage and persisting.
Impotence / incurable STD at time of marriage: competent medical evidence.
Insanity at time of marriage: medical history, hospital certifications, expert testimony.

Property & support

Titles, tax declarations, car registrations.
Bank/stock/crypto statements.
Business records (SEC/DTI), payroll.
Receipts for household and child expenses (for support computation).

Procedural

Special Power of Attorney (if you’ll authorize someone to sign/appear for limited steps).
Draft Judicial Affidavits of witnesses (your lawyer will prepare).
Certification against forum shopping (signed by the petitioner).

5) Filing the case: step-by-step

Drafting the Verified Petition. Your lawyer prepares a petition stating facts, the legal ground (annulment or nullity), and the reliefs (custody, support, property regime liquidation, name change if applicable). You sign it under oath.
Filing and raffle to a Family Court. You pay filing and process fees. The case is raffled to a judge. The Office of the Solicitor General (OSG) and the Public Prosecutor represent the State’s interest in the validity of marriages.
Order for Summons + Prosecutor’s investigation of collusion. The court directs service on your spouse (respondent). The prosecutor conducts a collusion investigation (the court cannot grant if spouses are colluding just to end a marriage).
Respondent’s Answer. Your spouse may agree, deny, or raise defenses/counter-claims.
Pre-trial. Issues are narrowed; witness/exhibit lists are marked. Courts often refer parties to mediation for property/custody/support (not on the status of marriage, which is not compromiseable).
Trial.
- Petitioner’s evidence: you, corroborating witness(es), and expert (if any).
- Cross-examination by the OSG/Prosecutor and by the respondent.
- Respondent’s evidence (optional).
- Judges are strict about relevance, credibility, and consistency.
Memoranda and Decision. The court issues a decision. If granted, it will also resolve custody, support, and property effects as required.
Appeal window. The losing party (often the OSG) may appeal. Finality only sets in after the appeal period lapses without appeal or after the appellate process ends.
Entry of Judgment & Civil Registry annotation. After finality, secure Entry of Judgment and Certificate of Finality; the court issues a Decree. You (through counsel) file these with the Local Civil Registry and the PSA for annotation of marriage and birth records. Only after annotation should you rely on updated civil registry copies for legal transactions.

6) Effects of a decree (what changes—and what doesn’t)

Right to remarry: Only after final judgment and PSA annotation (and compliance with any waiting periods or clearances).
Children’s status:
- Children of voidable marriages conceived or born before the decree remain legitimate.
- Children of void marriages are generally illegitimate, except those protected by the putative child doctrine (where at least one parent married in good faith).
Custody & support: Determined by best interests of the child; support is based on needs and means and is enforceable despite the marital status outcome.
Property relations: The court will liquidate the property regime (absolute community/conjugal partnership or separation of property if stipulated). Expect an inventory, valuation, and settlement of debts and reimbursements.
Surnames: A wife may revert to her maiden name; rules differ if she may continue using her husband’s surname based on circumstances the court may specify.

7) Working with experts (when and why)

Psychologist/Psychiatrist: Common in psychological incapacity theories. The expert must link behaviors to traits that are antecedent, grave, and incurable and show how they prevented the spouse from assuming essential marital obligations. Courts scrutinize methodology, data sources (collateral interviews, records), and factual grounding (not mere conclusions).
Medical specialists: For impotence, STDs, or insanity grounds.
Forensic accountants/real estate appraisers: For complex property liquidation or valuation disputes.

Courts weigh quality over quantity. A well-documented life-history and credible corroboration usually matter more than thick but unfocused files.

8) Common pitfalls (and how to avoid them)

Wrong remedy picked. Let counsel classify your case; filing “annulment” when the facts fit “nullity” (or vice versa) wastes time and money.
Missed deadlines in annulment. Some grounds expire—track exact dates of marriage, discovery, and cessation of threats.
Thin or inconsistent evidence. Align testimony, documents, and expert findings. Eliminate contradictions early.
Collusion red flags. Courts will deny if they see spouses staging a case.
Ignoring property and support. Ask the court to resolve these within the main case to avoid multiple proceedings later.
Using church annulment as a shortcut. Church (ecclesiastical) processes are separate and have no civil effect unless and until a civil court grants relief and PSA annotates records.

9) Practical timeline, cost drivers, and budgeting

Every case is unique, but plan for:

Stages (petition → pre-trial → trial → decision → finality → annotation), each with its own costs.
Major cost drivers: professional fees, expert fees, transcripts/stamps, process service, travel, and document procurement.
Delays you can control: prompt production of documents, witness availability, and responsive coordination with counsel.

No honest lawyer can guarantee specific durations or outcomes. What you can control is the quality and credibility of your proof.

10) Quick starter kit (actionable next steps)

Write a dated chronology of key facts from courtship to separation (bulleted, one page if possible).
Gather core civil registry docs (PSA marriage; children’s PSA birth certs).
Collect ground-relevant evidence (medical/psych, messages, witnesses’ full names and contact info).
List assets and debts with evidence (titles, bank statements, receipts).
Book a consult with a Philippine family-law practitioner to confirm the proper remedy, venue, and deadline computation.
Prepare for testimony: your story should be truthful, consistent, and specific.

11) FAQs

Q: Can I file if my spouse is abroad or can’t be located? Yes. Service can be done by court-authorized means (e.g., publication or other modes) if personal service isn’t feasible. Venue rules still apply.

Q: Do we need to both agree? No. These are not consent-driven cases; the State participates to prevent collusion.

Q: Can we settle? You can’t compromise on the status of marriage, but you may settle custody, visitation, support, and property—subject to court approval and the child’s best interests.

Q: After a grant, when may I remarry? Only after finality, issuance of the Decree, and PSA annotation. Keep certified copies for future civil transactions.

Q: Will a church decree suffice? No. It’s separate from civil effects. For civil status, only the Family Court decree (final and annotated) counts.

Closing note

Starting an annulment (voidable) or nullity (void) case in the Philippines is evidence-driven and procedure-sensitive. The smartest way to begin is to clarify the correct legal ground, secure the right documents early, and align your testimony with objective proof. A focused first consultation with a Philippine family-law attorney will save you months of missteps.