I. Introduction

In the Philippines, there is no general divorce law for most Filipinos. For couples whose marriage has broken down, the main civil remedies are:

Declaration of nullity of marriage – for void marriages (considered never valid from the start)
Annulment of marriage – for voidable marriages (valid until annulled by the court)
Legal separation – spouses live apart and property relations change, but the marriage bond remains (no remarriage allowed)

In everyday language, many people call everything “annulment,” but legally, annulment and declaration of nullity are different, with different grounds and effects.

This article focuses on civil annulment / declaration of nullity under the Family Code of the Philippines, and explains:

The grounds for nullity and annulment
Who can file, where, and when
The step-by-step court process
The effects on property, children, surnames, and remarriage

This is general information only and not a substitute for advice from a Philippine lawyer who can assess a specific case.

II. Basic Concepts: Void vs Voidable Marriage

1. Void marriage (subject of declaration of nullity)

A void marriage is considered never to have existed in the eyes of the law, even if there was a ceremony. However, for practical and legal purposes (property, children, etc.), a court judgment is still necessary.

Cases involving void marriages use a “petition for declaration of nullity of marriage”.

2. Voidable marriage (subject of annulment)

A voidable marriage is valid and existing until a court annuls it. If no case is filed, the marriage remains valid.

Cases involving voidable marriages use a “petition for annulment of marriage”.

III. Legal Framework

Key laws and rules:

Family Code of the Philippines – main law on marriage, grounds for nullity/annulment, property relations, and effects
Family Courts Act (RA 8369) – designates certain Regional Trial Courts (RTCs) as Family Courts
Rules of Court and special rules – procedural rules for petitions, evidence, appeals
Related laws on children, adoption, violence against women, etc., which sometimes interplay with annulment cases

All petitions for nullity/annulment are filed in the Regional Trial Court (Family Court) with jurisdiction over the case.

IV. Grounds for Declaration of Nullity (Void Marriages)

Below are the common grounds under the Family Code for a marriage to be declared void:

1. Psychological Incapacity (Article 36)

One of the most known grounds. A marriage is void if:

One or both spouses were psychologically incapacitated to comply with essential marital obligations
The incapacity existed at the time of the marriage (even if it manifested fully later)
The incapacity is grave, antecedent, and incurable, or resistant to treatment

Examples (highly case-to-case and must be proven): – extreme emotional immaturity, inability to be faithful, total lack of empathy or responsibility, entrenched personality disorders affecting marital obligations.

Courts typically require expert psychological evaluation and detailed proof, not just marital unhappiness or incompatibility.

2. Absence of Essential Requisites (Consent & Legal Capacity)

A marriage is void if:

There is no valid consent (e.g., one spouse was absolutely without understanding, or the consent was entirely lacking);
One or both spouses lacked legal capacity (e.g., underage below 18, or already validly married to another without a valid exception).

3. Absence of Formal Requisites in Serious Cases

Formal requisites of marriage:

Authority of a solemnizing officer
A valid marriage license (with some exceptions)
A marriage ceremony with personal appearance of both parties before the officer and two witnesses

Some defects make the marriage void, e.g.:

Marriage performed without authority of the officiant, except in cases where the parties believed in good faith that the officiant had authority
Marriage without a license, except in cases where the law dispenses with it (e.g., certain cohabitation situations, marriages in articulo mortis, etc.)
Marriage where no ceremony actually took place, or one party was only represented without lawful authority

4. Bigamous or Polygamous Marriages

A subsequent marriage is void if:

One spouse was already validly married to someone else at the time, and
The prior marriage has not been legally terminated (no final judgment of nullity/annulment/divorce applicable in PH) or the absent spouse not declared presumptively dead through proper procedure

There are statutory exceptions (e.g., valid subsequent marriage after a judicial declaration of presumptive death, following strict conditions).

5. Incestuous and Marriages Void for Public Policy (Articles 37–38)

Void incestuous marriages include those between:

Ascendants and descendants (e.g., parent–child, grandparent–grandchild)
Brothers and sisters (full or half-blood)

Marriages void for public policy include, among others:

Step-parent with step-child
Parent-in-law with child-in-law
Adopter with adopted
Certain degrees of collateral relations specified in the Code

6. Marriages Solemnized by Unauthorized Persons / Irregular Formalities

Some irregularities do not make the marriage void (they just make people administratively or criminally liable). The distinction is technical; hence, the need for proper legal evaluation.

V. Grounds for Annulment (Voidable Marriages)

A voidable marriage can be annulled if one of the grounds exists. Until annulled by final judgment, the marriage is valid.

Common grounds for annulment under the Family Code include:

1. Lack of Parental Consent (Age 18–21 at Time of Marriage)

Requirements:

One or both spouses were 18 to 21 years old at the time of marriage;
No parental consent was obtained (as legally required);
Petition must be filed within specific time periods (see timing below).

2. Insanity

If one party was insane at the time of the marriage (and the other party did not know), the marriage is voidable. Certain conditions apply if the insane spouse later regains sanity and cohabitation continues with knowledge.

3. Fraud

Examples of fraud that can be grounds for annulment:

Concealment of a conviction of a crime involving moral turpitude
Concealment of pregnancy by another man at the time of marriage
Concealment of sexually transmissible disease
Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism, if specified by the Code

Not all kinds of lies or disappointments amount to legal fraud; the fraud must be of the type and seriousness contemplated by the law.

4. Intimidation, Violence, or Undue Influence

If a person only consented to marry because of serious fear or force, the marriage is voidable. The fear must be of such a nature that it overcomes a reasonable person’s free will.

5. Impotence

If one spouse is physically incapable of consummating the marriage with the other and the incapacity:

Exists at the time of the marriage
Is incurable

the marriage is voidable.

6. Sexually Transmissible Disease (STD)

If one spouse was afflicted with a serious and apparently incurable sexually transmissible disease at the time of marriage, unknown to the other, this may be a ground for annulment.

VI. Who May File and When: Prescriptive Periods

A. Declaration of Nullity (Void Marriages)

Generally, no time limit – a void marriage can be attacked any time, even after many years. However:

For practical reasons (property, remarriage, death, inheritance), it is best to seek a judicial declaration sooner rather than later.

B. Annulment (Voidable Marriages)

Each ground has specific time limits and rules as to who can file, such as:

Lack of parental consent: typically, the party whose consent was lacking, within a set number of years after reaching a particular age or after the parental authority ends (specific rules apply).
Fraud, intimidation, violence: the offended party, within a certain period after the fraud is discovered or after the intimidation/violence ceases.
Impotence, STD: the offended spouse, within a prescribed period after discovery.
Insanity: the sane spouse, the relatives of the insane spouse, or the insane spouse under certain circumstances.

Because prescriptive periods are technical, determining whether a case is still timely requires careful legal analysis.

VII. Where to File: Venue and Jurisdiction

Petitions for nullity/annulment are filed in the Regional Trial Court (Family Court).

In general:

File in the place where the petitioner resides; or
In some cases, where the respondent resides

There are rules on residency, especially if one spouse is abroad or unknown. The court must have jurisdiction; otherwise, the case can be dismissed.

VIII. Step-by-Step Civil Annulment / Nullity Process

While details vary case-to-case and over time, the typical flow is:

1. Initial Consultation and Case Assessment

The spouse meets with a Philippine lawyer to determine:
- Whether the marriage appears void or voidable
- Which ground is most appropriate
- What evidence is available
For psychological incapacity, assessment by a psychologist or psychiatrist is usually discussed.

2. Preparation of Petition

The lawyer drafts a verified petition containing:

Names and personal circumstances of parties
Date and place of marriage, details of the marriage certificate
Grounds for nullity or annulment, explained with specific facts
Details about children, property, and reliefs sought (custody, support, property partition)

The petition is verified (signed and sworn to) by the petitioner.

3. Filing the Petition in Court

Petition is filed with the proper Family Court along with:
- Filing fees and other legal fees (unless waived)
- Copies of the marriage certificate, children’s birth certificates, and supporting documents

The case is raffled to a branch.

4. Issuance of Summons and Notices

The court issues summons to the respondent spouse.
The Office of the Solicitor General (OSG) and Public Prosecutor (fiscal) are notified and participate because the State has an interest in the preservation of marriage.
In some cases, publication of the petition in a newspaper of general circulation may be required.

5. Respondent’s Answer

The respondent may file an Answer:
- Admitting, denying, or contesting allegations
- Raising defenses such as: ground not proven, petition time-barred, etc.
If the respondent does not answer, the court still must require evidence; annulment cannot be granted by mere default.

6. Pre-Trial

The court holds a pre-trial conference to:

Explore possible stipulations and admissions
Narrow down issues
Encourage settlement on property, custody, support (not on marital status itself, which is not subject to compromise)

Failure of a party to appear may have consequences.

7. Trial and Presentation of Evidence

The petitioner presents:

Testimonial evidence (petitioner, corroborating witnesses such as relatives, friends, co-workers)
Documentary evidence (marriage certificate, messages, letters, medical records, psychological evaluation, etc.)
For psychological incapacity: testimony and report of a psychologist or psychiatrist, if used

The respondent, if participating, presents counter-evidence.

The public prosecutor may examine witnesses to guard against collusion and ensure the evidence supports the marital status change.

8. Submission of Memoranda

After trial, the court may require written memoranda (summaries of evidence and legal arguments) from the parties.

9. Court Decision

The court issues a Decision:

If the ground is proven, it grants the petition and declares the marriage null and void or annulled, as the case may be.
If not proven, the petition is dismissed and the marriage remains valid.

10. Finality and Entry of Judgment

If no appeal is filed within the reglementary period, the decision becomes final and executory.
The court issues an Entry of Judgment and Decree.

11. Registration with Civil Registry and Other Agencies

The final judgment must be:

Recorded with the Local Civil Registrar where the marriage was registered;
Transmitted to the Philippine Statistics Authority (PSA);
Often annotated on the marriage certificate and, if applicable, the birth certificates of children regarding legitimacy/parentage issues.

Only after proper recording can the effects (like remarriage, change of status) be safely relied upon.

IX. Effects of Annulment / Declaration of Nullity

A. On the Status of the Parties

Once final and properly recorded, the parties are considered no longer married to each other.
They regain the status of single (or widow/er, depending on circumstances).

Importantly, civil annulment/nullity is separate from church annulment. A church declaration is not automatically recognized by the State and vice versa.

B. Right to Remarry

After:

The decision becomes final, and
The final judgment is recorded with the civil registry and PSA,

the parties may generally remarry, subject to legal requirements.

Remarrying without ensuring proper annotation and documentation can create bigamy issues later.

C. Children’s Legitimacy and Rights

This is often a major concern.

Children of a voidable marriage (annulment)
- Legitimate if conceived/born before the annulment decree.
- They generally retain all rights of legitimate children (support, inheritance from both parents, etc.).
Children of void marriages (nullity)
- The law distinguishes types of void marriages.
- Certain void marriages (e.g., those void under specific provisions) still treat children as legitimate for many purposes if they were born before the final judgment.
- In other situations, children may be classified as illegitimate, but:
  - They are still entitled to support, and
  - They retain inheritance rights under the rules for illegitimate children.

Because legitimacy and inheritance rules are technical and fact-sensitive, this is an area where legal advice is crucial.

D. Property Relations and Liquidation

Upon finality of the judgment:

The marital property regime (e.g., absolute community, conjugal partnership) is dissolved.
The court orders the liquidation of properties, which generally involves:
- Payment of obligations of the community/conjugal partnership
- Delivery of net shares to the spouses according to law
- Protection of children’s presumptive legitime (reserved portion of inheritance)

For cohabiting couples in void marriages, property issues may be determined under provisions on co-ownership (e.g., union under Article 147 or 148), depending on good faith, legal impediments, and contributions.

E. Support and Custody

Parental authority and custody – the court may decide custody arrangements in the best interests of the children (who lives with whom, visitation, etc.).
Support – both parents remain obliged to support their children (legitimate or illegitimate), subject to their means and the children’s needs.
Spousal support – post-annulment support between ex-spouses is more limited and depends on circumstances and applicable laws.

F. Surname Usage

A wife may revert to her maiden surname after annulment/nullity.
In some circumstances she may continue using the husband’s surname, depending on law and evolving jurisprudence, but reverting to maiden name is the straightforward, undisputed option.

X. Church Annulment vs Civil Annulment

Many couples undergo church annulment (e.g., in the Catholic Church) for religious reasons. Important distinctions:

Church annulment affects the marriage in the eyes of the Church (sacramental bond), but does not change civil status in government records.
Civil annulment/nullity is what changes status under Philippine law.

To be free to remarry both in law and in church, some couples go through both processes, but they are separate and governed by different rules and tribunals.

XI. Special Situations

1. Foreign Divorce

For Filipinos married to foreigners, or where one spouse becomes a foreign citizen:

A valid foreign divorce obtained by the foreign spouse (and sometimes even by the Filipino, depending on law and jurisprudence) may be recognized in the Philippines through a court petition for judicial recognition of foreign divorce.
This is a different type of case, distinct from annulment/nullity, but often discussed together because it similarly allows remarriage.

2. Muslim Divorce (Shari’a Courts)

For Muslim marriages governed by Presidential Decree 1083 (Code of Muslim Personal Laws):

There are separate rules for divorce (talaq, khul’, etc.), handled by Shari’a courts.
This is a specialized regime different from the Family Code.

XII. Practical Considerations

Cost and Duration
- Annulment/nullity cases can be long and costly. They require filing fees, attorney’s fees, sometimes expert witness fees, and can take months to years, depending on complexity, court congestion, and cooperation of parties.
Honesty in Grounds
- Courts frown upon fabricated stories. Grounds must be real and supported by evidence.
- Psychological incapacity, in particular, is not a “magic ground”; it must be grounded in serious, enduring conditions.
Avoid Fixers and “Package Deals”
- Offers of quick annulment “without court appearance” or “guaranteed in a few months” are red flags.
- Only courts can validly declare a marriage null or annulled.
Plan for Children’s Needs
- Regardless of disputes, parents should prioritize stability and support for their children during and after the case.

XIII. Conclusion

The marriage annulment / declaration of nullity process in the Philippines is a formal, court-based proceeding that:

Requires a specific legal ground under the Family Code;
Involves evidence, hearings, and participation of the State;
Has significant effects on status, property, and children’s rights.

While many people speak of “annulment” casually, the law draws precise lines between void and voidable marriages, each with its own grounds and consequences.

Because the stakes are high—freedom to remarry, property rights, legitimacy of children—it is important to:

Understand the legal framework;
Keep realistic expectations about time, cost, and proof;
Seek advice from a qualified Philippine lawyer before making decisions.