Nullity of Marriage Petition Costs in the Philippines
(Everything you need to know, 2025 edition)
Key takeaway: A petition for declaration of nullity of marriage is never “one fixed price.” Court filing fees are predictable and modest, but professional, publication, and incidental expenses drive the total bill. In Metro Manila, a typical uncontested case that relies on psychological incapacity now ranges from ₱180 000 – ₱450 000 all-in; in the provinces the low end can drop by a third. Below is the full cost landscape, why the items exist, and how to save.
1. Legal and procedural background
| Source of authority | Why it matters for cost |
|---|---|
| Family Code of the Philippines (E.O. 209, 1987) – Arts. 35, 36, 37, 38 | Enumerates the grounds; Arts. 36 (psychological incapacity) most often invoked and usually requires a psychologist or psychiatrist – a major expense. |
| A.M. No. 02-11-10-SC (Rule on Declaration of Absolute Nullity of Marriage & Annulment, 2003) | Lays down mandatory publication, sheriff’s service, and psychological report requirements. |
| Tan-Andal v. Andal, G.R. No. 196359 (11 May 2021) | Redefined “psychological incapacity” as a legal concept—still, trial courts almost always want an expert report, so the evaluation cost remains. |
| OCA Circulars on Revised Schedule of Legal Fees (latest 2024 update) | Fixes docket and other court fees. |
2. The cost buckets
| Stage / Item | Typical amount (₱) | Notes & tips |
|---|---|---|
| A. Pre-filing documents | ||
| • PSA copies (marriage certificate, birth certificates) | 330 – 450 each | Online orders add courier charges. |
| • Baptismal & parish certificates (if Catholic) | 100 – 500 each | Required for some diocesan nullity cases but not by civil courts. |
| B. Court filing & docket fees | 3 000 – 5 500 | Fixed by OCA; indigents may apply for exemption under Rule 141, §19 & PAO guidelines. |
| • Legal research fund, mediation fund, archive fund | ~ 500 total | Added automatically to the official receipt. |
| • Sheriff’s/process server fees | 1 000 – 3 000 | Covers service of summons and notices. |
| C. Publication (newspaper of general circulation) | 10 000 – 25 000 (provincial) 15 000 – 45 000 (Metro)* | Must run once a week for 2 consecutive weeks. - Pick community papers for big savings. |
| D. Psychological evaluation | 15 000 – 40 000 each party (Metro) 8 000 – 25 000 (provincial) | Courts accept one expert; testing both spouses strengthens the case but doubles the fee. |
| E. Attorney’s fees | 60 000 – 250 000 package or 3 000 – 6 000 per hourly appearance | Packaging usually covers drafting, pre-trial, and 3–5 trial dates. Extra hearings = extra fees. |
| F. Incidental litigation costs | ||
| • Transcript of stenographic notes (TSNs) | 40 – 60 per page | A full-day hearing can run 1 500 – 3 000. |
| • Witness appearance fees, transportation, photocopying | 5 000 – 20 000 (lifetime) | Budget higher if spouse is abroad (videoconference setup, consular authentication). |
| G. Post-judgment expenses | ||
| • Entry of judgment & annotation at LCRO and PSA | 1 500 – 3 000 | Includes certification fees and courier. |
| • Certified true copies of decision & decree | 500 – 1 000 per copy | Often needed for remarriage, migration, or property transfers. |
| • Appeal docket (if needed) | 5 000 – 8 000 | The losing party shoulders this. |
*Publication dominates the variance: a Sunday ad in a major broadsheet can exceed ₱60 000, while a Provincial Times weekday spot might be ₱8 000.
3. Factors that inflate or reduce cost
- Venue – NCR courts have higher publication, expert, and lawyer fees.
- Ground invoked – Psychological incapacity (Art. 36) nearly always needs an expert report; Bigamy or lack of authority to solemnize (Art. 35) generally do not.
- Contestation level – If the respondent opposes, expect additional hearing days, subpoenas, and possible counter-expert testimony.
- Judge’s stance on TSNs – Some require full transcripts before decision; others accept judicial affidavits alone.
- Number of children & need for provisional relief – Support pendente lite applications add bonds and hearings.
- Indigency certification – Applicants whose gross family income < ₱30 000/month and no real property over ₱300 000 may obtain full fee waivers plus PAO counsel.
4. Timeline vs. cash-flow
| Month (average) | Event | Cash outlay |
|---|---|---|
| 0 | Gather documents, psychological testing | ₱25 000–₱70 000 |
| 1 | File petition, pay docket, sheriff | ₱5 000–₱8 000 |
| 2 | Publication order → pay newspaper | ₱10 000–₱45 000 |
| 3-9 | Pre-trial → 1st–2nd witness | ₱30 000–₱90 000 in lawyer and TSN fees |
| 10-18 | Rest of trial → offer of evidence | ₱20 000–₱60 000 |
| 18-24 | Decision penned → final fees & annotation | ₱2 000–₱4 000 |
| Total | ₱180 000–₱450 000 (Metro, contested Art. 36) |
Uncontested Art. 35 nullity with PAO representation can finish for under ₱30 000 if publication is done in a community paper.
5. Cost-saving strategies
- Seek PAO or IBP Legal Aid – If you just exceed the PAO threshold, IBP chapters offer counsel for honoraria as low as ₱10 000.
- Negotiate flat-fee tranches – Pay per litigation stage (pleadings, pre-trial, trial, decision) to avoid runaway appearance fees.
- Community newspaper – Ask the court for latitude to publish in a cheaper local paper of “general circulation.”
- Joint psychological evaluation – Some experts give discounts when both parties are tested together.
- Judicial affidavits – Offer witnesses by affidavit to cut TSN pages.
- Early ADR (if the spouse is cooperative) – Settling collateral issues (property, support) outside the nullity case prevents satellite motions.
6. Tax and financial planning notes
- Attorney’s fees are not VAT-exempt; where the lawyer is VAT-registered, add 12 %.
- Publication receipts and professional fees can be treated as necessary personal expenses but are not deductible from income tax.
- If property relations are affected (e.g., liquidation of absolute community), capital gains tax and transfer fees arise after nullity, not as part of the petition costs.
7. After the decree: recurring and hidden costs
- Civil registry follow-ups – PSA annotation delays often mean multiple trips or courier runs.
- PSA “advisory” copies – Each future transaction (passport renewal, remarriage license) may require fresh certified PSA copies (~₱365 online).
- Possible appeal – The Office of the Solicitor General may appeal on behalf of the Republic; budgeting ₱40 000–₱80 000 for additional lawyer time is prudent.
8. Comparative snapshot (2021 → 2025)
| Cost component | 2021 average | 2025 average | Reason for change |
|---|---|---|---|
| Filing & docket | ₱3 000 | ₱4 000 | OCA fee revisions 2023 & 2024. |
| Psychological evaluation | ₱20 000 | ₱28 000 | Inflation, shift to longer online sessions. |
| Publication (Metro) | ₱25 000 | ₱35 000 | Ad rates + rise of “legal notice packages.” |
| Lawyer flat fee (Art. 36) | ₱120 000 | ₱180 000 | Fewer specialists post-pandemic; demand ↑. |
9. Frequently-asked cost questions
| Q | A |
|---|---|
| Can I really do it for free? | Only if (a) your income/property meets indigent standards and (b) PAO accepts the case and you still shoulder the publication bill (PAO cannot waive that). |
| What if my spouse is overseas? | Service via DFA and publication in both the Philippines and overseas paper may be required; expect +₱15 000 to ₱40 000. |
| Is the psychological report mandatory after Tan-Andal? | Legally, the decision says incapacity is a legal concept; practically, most RTC judges still treat an expert report as best evidence. Budget accordingly unless your ground is non-Art. 36. |
| Do I pay the judge? | Absolutely not. All lawful payments have official receipts. Any unofficial “facilitation” fee is illegal and endangers the case. |
10. Practical checklist before filing
- Confirm the ground – Art. 35 vs. 36 vs. 37/38; cost profile differs.
- Secure essential documents – PSA certificates, CENOMAR, IDs.
- Interview at least two lawyers – Compare fee structures; avoid “too-low-to-be-true” offers.
- Ask for a written fee agreement – Stating scope, inclusions, and payment schedule.
- Set aside a 15 % contingency – For extra hearings, re-publication (rare), or amended petitions.
11. Bottom line
While the line-item court fees look small, a declaration of nullity is a full-blown civil trial. Lawyer talent, expert testimony, and newspaper publication consume the lion’s share of funds. Thoughtful venue choice, fee negotiations, and indigency remedies can slash the budget, but even frugal litigants should plan for six-figure pesos unless qualified for PAO. Understanding where every peso goes equips you to make strategic choices—and avoids unpleasant surprises halfway through the journey to freedom.
This article is for general information and is not legal advice. Always consult a Philippine family-law practitioner for advice tailored to your facts and locality.