Philippine law recognizes two main civil actions that end a marriage:

a Declaration of Absolute Nullity (for a void marriage), and

an Annulment (for a voidable marriage). These are distinct from legal separation and from any church (canon-law) annulment.

1) The Legal Framework

Family Code of the Philippines (executive orders effective 1988, as amended) — defines essential/formal requisites of marriage and the grounds to nullify or annul it (Arts. 1–55, 147–148, etc.).
A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages) and related Supreme Court rules — govern procedure (venue, pleadings, pre-trial, trial, decisions).
Key jurisprudence on psychological incapacity (Art. 36):
- Santos v. CA (1995) first recognized the concept;
- Republic v. Molina (1997) issued strict guidelines (since relaxed);
- Tan-Andal v. Andal (2021) clarified that psychological incapacity is a legal concept (not a medical diagnosis), can be proven by lay testimony, and focuses on enduring, grave, and antecedent incapacity to assume essential marital obligations.

Civil vs. church annulment: A decree from a Church tribunal has no civil effect unless and until a Philippine trial court issues a civil decree under the Family Code.

2) Declaration of Absolute Nullity (Void Marriages)

A marriage is void from the beginning (as if it never existed) when it lacks an essential/formal requisite or falls into specific prohibitions. Common grounds include:

No marriage license (except narrow statutory exceptions like marriages of exceptional circumstances recognized by law);
Underage (either party below 18 at the time of marriage);
Bigamous or polygamous marriage (no prior valid dissolution/annotation of the earlier marriage);
Psychological incapacity (Art. 36) existing at the time of the marriage, grave, antecedent, and persistent;
Incestuous marriages (Art. 37) and those void by public policy (Art. 38);
Mistake in identity of a party;
Non-compliance with Article 52/53 (e.g., a subsequent marriage without prior judgment and civil registry annotation of the termination of an earlier one).

Effects (typical):

The marriage is treated as never having existed in law.
Property relations follow Articles 147/148 (co-ownership rules depending on good/bad faith and whether the parties were free to marry each other), not the usual conjugal/community regimes.
Children: Rules on status are technical. As a safe guide for families, children are not left rightless—they are entitled to support and successional rights under the Civil Code/Family Code rules applicable to their status. (Children of voidable marriages annulled—see below—remain legitimate; for void marriages, there are specific statutory/jurisprudential exceptions, e.g., Article 36 scenarios discussed by courts, that can preserve legitimacy for children conceived/born before the judgment.)
Remarriage is allowed only after the judgment becomes final and is recorded/annotated in the civil registry and PSA records (Art. 52 & 53 compliance).
The wife may revert to her maiden name once the decree is final and annotated.

3) Annulment (Voidable Marriages)

A marriage is voidable (valid until annulled) on grounds existing at the time of marriage, such as (Art. 45):

Lack of parental consent (party was 18–21 and consent was not obtained);
Insanity (existing at the time of marriage);
Fraud (serious kinds recognized by law);
Force, intimidation, or undue influence;
Impotence (existing and incurable);
Sexually transmissible disease (existing and serious/incurable).

Key effects upon annulment:

The marriage is treated as valid until the decree; after annulment it is set aside.
Children conceived or born before the judgment of annulment are legitimate.
Property regime (absolute community/conjugal partnership) is liquidated; net profits are divided per law; presumptive legitimes of common children are delivered.
Right to remarry arises only after finality and civil registry annotation.
The wife may revert to her maiden name after finality/annotation.

4) Psychological Incapacity (Article 36) — What Courts Now Look For

Nature: A legal concept (not limited to clinical diagnoses).
Proof: May be shown by credible lay testimony (e.g., spouses, family, close friends) and documentary evidence; expert testimony can help but is not mandatory.
Elements (practical checklist):
- Antecedent: Rooted before or at the time of marriage;
- Gravity: So serious that the spouse cannot assume essential marital obligations (e.g., fidelity, mutual respect, support, cohabitation, partnership in family life);
- Incurability/Persistence: Not merely marital difficulty, immaturity, or refusal; it reflects enduring incapacity.

5) Procedure: Step-by-Step (Civil Court)

Initial consultation & case build-up
- Lawyer assesses proper cause of action (nullity vs annulment), venue, evidence, and risks.
- Collect core documents: PSA marriage certificate, birth certificates of children (if any), IDs, proof of residence, proof of grounds (messages, letters, diaries, medical/psych reports if any), witness list.
Filing the Petition (verified, with certification against forum shopping)
- Venue: Family Court (RTC) of the province/city where either the petitioner or the respondent has resided for at least six (6) months before filing; if the respondent is a non-resident, where the petitioner resides.
- Filing fees are paid; the case is raffled to a branch.
Summons & Government Participation
- The court issues summons to the respondent (service by sheriff; substituted or publication if warranted).
- A Public Prosecutor appears to investigate collusion and ensures the case is not fabricated.
- The Office of the Solicitor General (OSG) may appear or file pleadings, as the State is an interested party in marriage cases.
Pre-trial & Mediation
- Mandatory pre-trial to mark exhibits, define issues, explore settlements on custody, support, visitation, property (the marital bond itself cannot be compromised).
- Courts often refer parties to court-annexed mediation for incidental matters (not the status of marriage).
Trial
- Petitioner’s evidence (affidavits, testimony, documents, witnesses; expert if any).
- Respondent’s evidence (if contesting).
- Prosecutor may cross-examine; OSG may submit arguments.
Decision
- The court either grants or denies the petition, explaining the factual and legal bases.
Finality, Registration, and Annotation
- If granted: obtain the Entry/Certificate of Finality; the Civil Registrar and PSA must record and annotate the decree (plus property/custody orders as required by Art. 52).
- Only after annotation is remarriage legally safe.

Timelines & costs: These vary widely by case complexity, evidence, court docket, participation of the other spouse, and location. Expect a multi-stage process.

6) Provisional and Incidental Reliefs

Even while the case is pending, the court can issue provisional orders (under the Supreme Court’s special rules), such as:

Child custody and visitation (best interests of the child standard);
Child and spousal support (pendente lite);
Restraining/protection orders (e.g., under the Anti-Violence Against Women and Their Children Act, when applicable);
Injunctions to prevent asset dissipation;
Exclusive use of the family home or certain properties, when justified.

7) Property Consequences in More Detail

Voidable marriage (annulled): The usual property regime (Absolute Community or Conjugal Partnership) is wound up. After paying obligations, net profits are divided as the Code provides; presumptive legitimes of common children are segregated. A spouse in bad faith can suffer forfeiture consequences specified by law.
Void marriage (nullity): The regime under Arts. 147/148 applies: shares are determined by actual contributions and good/bad faith; properties acquired through exclusive funds remain separate; donations and testamentary dispositions between spouses may be affected by nullity.

8) Children: Status, Custody, Support, and Inheritance

Status:
- In annulment (voidable marriage), children born or conceived before the decree remain legitimate.
- In void marriages, status rules are nuanced. As a practical guide for families: children retain enforceable rights to support and succession appropriate to their status; there are specific statutory and jurisprudential exceptions (notably in Article 36 cases) that can preserve legitimacy for children conceived/born before judgment. Always review with counsel based on the precise ground pleaded and facts.
Custody: Determined by the best interests of the child, considering age, needs, history of care, and any risks of abuse or neglect.
Support: Both parents are obligated to support their children regardless of the case outcome.
Inheritance: Children retain intestate and legitime rights consistent with their legal status; courts ensure presumptive legitimes are protected in property liquidation.

9) Names and Civil Registry Entries

After a final and annotated decree, a woman may revert to her maiden name. Continuing to use the husband’s surname generally requires a legal basis (e.g., court order or specific statutory allowance).
The Local Civil Registrar and PSA must annotate the marriage certificate and relevant birth records (if court orders affect custody, filiation, or surnames).
For adverse entries or clerical mistakes, separate proceedings under the Rules on Correction/Change of Entries may apply.

10) Foreign Divorce and Recognition of Foreign Judgments

If a Filipino is married to a foreign national, a valid foreign divorce that dissolves the marriage may be recognized by Philippine courts through a petition for recognition of foreign judgment, enabling the Filipino to remarry after PSA annotation.
Philippine jurisprudence has recognized that even when the Filipino spouse procures the divorce abroad against a foreign spouse, it can be recognized—subject to proof of the foreign law and the decree.
If both parties are Filipino, foreign divorce generally does not dissolve the marriage under current law.
Recognition cases are separate from annulment/nullity and focus on validity under foreign law and due process abroad.

11) Evidence: What Typically Helps

PSA documents: marriage certificate; birth certificates of children; CENOMARs where relevant; previous court decrees/annotations.
Communications and records: letters, emails, chats, photos, journals, financial records, proof of abandonment/infidelity/violence (if relevant to incapacity or fraud).
Witnesses: family and friends who can credibly narrate antecedent and persistent behavior.
Experts (optional): Psychologists/psychiatrists may bolster an Art. 36 case but are not indispensable under current doctrine.

12) Practical Tips

Choose the correct cause of action. Mislabeling (annulment vs nullity) can sink a case.
Document antecedence and gravity for psychological incapacity. Focus on specific behaviors tied to essential marital obligations, not mere incompatibility.
Expect participation of the Prosecutor and OSG; prepare a collusion-proof record.
Mind Article 52/53 compliance. After a favorable decision, ensure timely civil registry annotation before making life changes (e.g., remarriage, passport status updates).
Coordinate property and support issues early to protect children’s presumptive legitimes and day-to-day needs.
Church processes (if desired) can run in parallel, but only a civil decree changes civil status.

13) What This Process Is Not

Not a shortcut to end a valid marriage due to ordinary marital problems.
Not an administrative procedure: it is a court case with evidence, hearings, and possible appeals.
Not the same as legal separation (which does not dissolve the marriage or allow remarriage, but addresses living apart, property separation, custody, and support).

14) After the Decree: Checklist

Secure the Decision and Entry/Certificate of Finality.
Comply with Article 52: cause the recording/annotation with the Local Civil Registrar and PSA.
Implement property liquidation and deliver presumptive legitimes to children.
Update IDs/records (PhilID, passport, bank, employer) consistent with the decree.
Coordinate custody and support logistics (school letters, medical consent arrangements).
Consider estate planning updates (wills, insurance beneficiaries, titles).

15) Frequently Asked Real-World Questions

Can we “mutually agree” to annul the marriage? No. The court still needs legal grounds and must ensure no collusion.
Do we need a psychologist? Helpful in some Art. 36 cases, but not required; what matters is credible proof of grave, antecedent, and persistent incapacity.
How long does it take and how much will it cost? It varies with evidence, court congestion, and whether the case is contested. Budget for filing fees, professional fees, evidence gathering, and possible expert testimony.
When can I remarry? Only after the decree is final and annotated with the civil registry/PSA.
Is a church annulment enough? No. It is spiritually/pastorally significant but not legally operative without a civil court decree.

Final Note

Every case turns on specific facts and ground(s) pleaded. The outline above provides a comprehensive Philippine context, but outcomes depend on evidence and procedure. For personalized advice, consult counsel with your documents in hand so the proper remedy (nullity, annulment, legal separation, or recognition of foreign judgment) is correctly identified and executed.