Updated for the Family Code of the Philippines and leading Supreme Court doctrine as of 2025. This is general information, not legal advice.

Executive Summary

There is no absolute divorce in the Philippines (for marriages between two Filipinos). When spouses mutually decide to part ways, the lawful off-ramps are:

Legal Separation – the marriage bond remains, but spouses live apart; property relations are dissolved and certain disqualifications attach. No remarriage allowed.
Annulment (voidable marriage) – the marriage is set aside due to defects that existed at the time of the wedding, but the marriage was initially valid. If granted, civil status reverts to “single”, and remarriage is allowed.
Declaration of Absolute Nullity (void marriage) – the marriage was never valid from the start (e.g., psychological incapacity, bigamy, no license). Civil status becomes “single” if granted, and remarriage is allowed.
Civil effects of foreign divorce – available to a Filipino married to a foreigner (or where a spouse later becomes a foreign citizen) if the foreign divorce validly dissolves the marriage abroad; must be recognized by a Philippine court before it has effect here.

Mutual agreement alone is never a legal ground to dissolve a marriage. It can, however, make the process faster (less contested), cheaper, and more predictable.

The Legal Framework in a Nutshell

Family Code of the Philippines (Executive Order No. 209, as amended) – principal statute on marriage and its dissolution/termination of effects.
Rules of Court – govern procedure in the Family Courts (Regional Trial Courts with family jurisdiction).
Key jurisprudence – especially on psychological incapacity (Article 36), e.g., Santos v. CA, Republic v. Molina, and Tan-Andal v. Andal (2021), which clarified that psychological incapacity is a legal (not medical) concept and does not require a clinical diagnosis, so long as the incapacity is grave, antecedent, and incurable.

Choosing the Right Path: A Practical Comparison

Question	Legal Separation	Annulment (Voidable)	Declaration of Nullity (Void)
Can we remarry after?	No	Yes, after final judgment & PSA annotation	Yes, after final judgment & PSA annotation
Marriage bond	Continues	Set aside (was valid but voidable)	Deemed never valid
Typical grounds	Marital fault after wedding (e.g., infidelity, violence, abandonment ≥1 year, drug addiction, homosexuality/lesbianism, attempt on life, etc.)	Defects at wedding (e.g., no parental consent for 18–20 yrs old, insanity, fraud, force/intimidation, impotence, STD)	Bigamy, no marriage license (no valid exception), psychological incapacity, incestuous/public-policy marriages, lack of authority of officiant (no good-faith belief), etc.
Property relations	Dissolved & liquidated; possible forfeiture of guilty spouse’s share in net profits	Dissolved & liquidated; effects depend on good/bad faith	Dissolved; co-ownership rules (Arts. 147/148) may apply if marriage void
Custody	Court decides best interests of the child; “tender-years” presumption favors mother under 7 unless compelling reasons	Same	Same
Status on PSA record	“Married” (with decree of legal separation)	“Single” after annotation	“Single” after annotation

Rule of thumb:

If the goal is simply to live apart while preserving religious or personal convictions against dissolving the bond → Legal Separation.

If the goal is the freedom to remarry → pursue Annulment (voidable) or Declaration of Nullity (void) depending on the ground.

Grounds in Detail

A. Legal Separation (Family Code, Art. 55)

Any one of these, committed by a spouse after the wedding:

Repeated physical violence or grossly abusive conduct.
Attempt to corrupt or induce the petitioner/spouse/child to engage in prostitution; or engagement in such acts.
Final judgment sentencing a spouse to more than 6 years imprisonment.
Drug addiction or habitual alcoholism.
Lesbianism or homosexuality (as ground, reflecting statutory text; courts focus today on marital behavior undermining consortium).
Contracting a bigamous marriage.
Sexual infidelity or perversion.
Attempt against the life of the petitioner by the other spouse.
Abandonment without just cause for at least one year.

Bars to suit: collusion, condonation, connivance, recrimination, prescription, and mutual guilt may defeat the action.

Cooling-off: court generally observes a 6-month cooling-off period from filing before trial (except in cases of violence), to encourage reconciliation.

Effects (Art. 63):

No remarriage.
Dissolution of absolute community or conjugal partnership; forfeiture of guilty spouse’s share in net profits in favor of common children (or innocent spouse, absent common children).
Custody to the innocent spouse, as the court deems proper (subject to best-interests test).
Intestate succession disqualification between spouses; testamentary provisions in favor of guilty spouse may be revoked.
Use of surname: court may disallow guilty spouse from using the innocent spouse’s surname.

B. Annulment (Voidable Marriage) (Art. 45; filed within strict periods)

Lack of parental consent (for a party 18–20 at the time of marriage). Action by the party within 5 years after reaching 21; cohabitation after 21 with knowledge of the flaw ratifies the marriage.
Insanity existing at the time of marriage (action by sane spouse before death; by insane spouse during lucid interval or after regaining sanity).
Fraud (e.g., concealment of conviction, pregnancy by another man, STD, etc. as defined by law). Action within 5 years after discovery.
Force, intimidation, undue influence. Action within 5 years from when it ceased.
Impotence existing and incurable; STD serious and apparently incurable. Action within 5 years after marriage.

Effects: Children conceived or born before the decree remain legitimate; property regime terminated and liquidated; good-/bad-faith rules may affect benefits.

C. Declaration of Absolute Nullity (Void Marriage)

Common grounds:

Psychological incapacity (Art. 36): A grave, antecedent, and incurable inability to assume essential marital obligations. Under Tan-Andal (2021), it is a legal, not medical, concept; expert testimony is helpful but not mandatory if other evidence proves the elements.
Bigamy / polygamy (unless the first marriage was terminated or the absent spouse is presumed dead under Art. 41).
No marriage license (unless a statutory exception applies, e.g., valid Art. 34 5-year cohabitation with no impediment).
Lack of authority of the solemnizing officer (void unless either or both parties in good faith believed in the officer’s authority).
Incestuous (Art. 37) or marriages void for public policy (Art. 38), e.g., between step-relatives within prohibited degrees.

Effects:

Marriage deemed never to have existed.
Property: apply Arts. 147/148 on co-ownership in unions without valid marriage (shares based on contributions; bad faith may cause forfeiture of the share of the party in bad faith to common children or, failing them, to the innocent party).
Legitimacy: children may retain legitimacy in certain cases (e.g., putative marriage doctrines; children from Art. 36 marriages remain legitimate under the Family Code).

Special Cases

Presumptive Death (Art. 41): A spouse may remarry if the other has been absent for 4 consecutive years (2 years if the disappearance is under danger of death), and a summary proceeding declares presumptive death. The subsequent marriage is valid unless the absent spouse reappears and proves good faith issues, which triggers effects under Art. 43.
Foreign Divorce: If the foreign spouse obtains a valid foreign divorce, or a Filipino spouse later becomes a foreign citizen and obtains one, a Philippine court recognition proceeding can be filed to give it effect locally (unlocking PSA annotation, property dissolution, and capacity to remarry).
Church (canonical) annulment: May be pursued for religious purposes but has no civil effect unless a civil case is granted by a Philippine court. Many couples do both for pastoral and civil regularity.

Procedure Overview (Philippine Family Courts)

Consultation & Ground Selection. Pick the remedy that matches the facts and the goal (e.g., ability to remarry vs. mere separation of lives and property).
Petition Filing. Verified petition filed in the RTC–Family Court where the petitioner or respondent resides.
Docketing & Raffle. Case assigned to a branch; public prosecutor enters to investigate collusion (required even if both spouses are friendly).
Summons & Answer. If “mutual,” respondent may file an Answer admitting allegations or stating no objection (courts still require evidence).
Pre-trial. Mark exhibits; consider stipulations; possible mediation (not on status itself); in legal separation, observe cooling-off.
Trial. Petitioner presents evidence (testimony, documents, expert if any). Respondent may present evidence or waive.
Decision. If granted, a Decree (of Legal Separation, Annulment, or Nullity) issues.
Entry of Judgment & PSA Annotation. Finality must be recorded; furnish the Civil Registrar and PSA to annotate records.
Liquidation of Property. Inventory, settlement of debts, forfeiture rules, adjudication of shares; delivery of legitimes for children if needed.
Post-Decree Matters. Custody, support, visitation, name change/use, and enforcement of disqualifications.

Evidence That Commonly Matters

Civil Registry documents: PSA marriage certificate, children’s birth certificates, CENOMARs, marriage license records.
Communications & conduct: Messages, emails, journals, medical/psych reports, police blotters, barangay reports.
Financials: Pay slips, bank and property records (for contribution and liquidation).
Witnesses: Family, friends, counselors, clergy, teachers, doctors/psychologists (for behavior, incapacity, abuse).
Expert testimony (Art. 36): Helpful but not indispensable post–Tan-Andal if facts independently establish the legal requisites.

Effects on Children

Legitimacy:
- Annulment of a voidable marriage → children remain legitimate.
- Nullity on Art. 36 (psych incapacity) → children remain legitimate under the Code.
- Other void marriages → check putative child doctrines; many children retain inheritance from parents despite nullity.
Custody: Best interests standard; children under 7 are generally not separated from the mother absent compelling reasons.
Support & Visitation: Independent of marital fault; enforceable pendente lite and after judgment.

Name, Property, and Succession

Surname: After legal separation, the court may restrict the guilty spouse’s use of the innocent spouse’s surname. After annulment/nullity, a wife may revert to her maiden name (or keep the marital name if allowed under jurisprudence and no prejudice).
Property dissolution:
- Legal Separation: dissolve and liquidate the absolute community/conjugal partnership; forfeiture of guilty spouse’s net profits share in favor of common children (or innocent spouse).
- Annulment/Nullity: dissolve/settle per regime; Arts. 147/148 apply to void marriages (co-ownership by contribution; bad-faith forfeitures).
Succession: Spouses legally separated cannot inherit ab intestato from each other; testamentary dispositions in favor of the guilty spouse may be revoked.

Timeline, Costs, and Practical Tips

Duration: Heavily fact-dependent (judicial workload, complexity, opposition, evidence). Uncontested cases with complete evidence move significantly faster than contested ones.
Costs: Filing fees, lawyer’s fees, expert fees (optional), transcripting, publication (when required), sheriff’s fees, and post-decree PSA annotations.
Practical pointers for “mutual” cases:
- Align on the target remedy (remarriage or not).
- Keep communications civil; avoid acts that could be construed as collusion in prohibited senses (courts will still require genuine proof).
- Prepare property inventory early; discuss parenting plans, support amounts, and visitation schedules to present to court.
- Secure originals and certified copies of civil registry documents; gather corroborating witnesses.

Quick Decision Path

Do you need the freedom to remarry?
- Yes → Evaluate Annulment (voidable) or Declaration of Nullity (void).
- No → Legal Separation may suffice.
Is there a defect at the time of wedding? (fraud, intimidation, impotence, STD, insanity, lack of parental consent)
- Yes → Annulment.
- No → Consider Nullity grounds (e.g., Art. 36 psychological incapacity, bigamy, no license).
Is there post-wedding marital fault (abandonment, infidelity, violence)?
- Yes but you don’t need to remarry → Legal Separation.

Common Misconceptions

“If we both agree to separate, the court will annul us.” → No. Agreement helps procedure but does not create a ground.
“A Church annulment changes my PSA record.” → No civil effect without a court decree.
“A foreign divorce automatically works here.” → No. It must be judicially recognized in the Philippines.
“Psychological incapacity needs a psychiatric diagnosis.” → Not required post–Tan-Andal; what’s essential is proof of legal elements.

Documents to Prepare (Typical)

PSA-issued Marriage Certificate and CENOMAR(s).
Adult and child birth certificates (PSA).
Proof of residence and identities.
Evidence of the ground relied on (see “Evidence” above).
Property list (titles, bank statements, vehicles, businesses) and debts.
Parenting plan (custody, visitation, support).
Draft judicial recognitions (for foreign divorce) or summary petition (for presumptive death), if applicable.

After the Decree

Secure Entry of Judgment and certified copies of the Decree.
Cause annotation with the Local Civil Registrar and PSA.
Implement property liquidation (debt settlement, transfer titles, deliver shares/legitime).
Update government records (PhilHealth, SSS, GSIS, BIR TIN, passports where allowed) and private records (banks, insurers, schools).
Comply with support and custody orders.

Final Notes

Because facts vary, case strategy (choice of remedy, proof, and relief) should be tailored to the couple’s situation—particularly when children, significant assets, or cross-border issues are involved.
Courts scrutinize these cases for truthfulness and non-collusion; even mutually agreed cases must present credible, sufficient evidence.
When in doubt about which path fits your circumstances—especially between Annulment and Nullity—evaluate the time-of-wedding facts (for annulment) versus enduring incapacity or legal invalidity (for nullity).