In the Philippines, marriage is legally defined as an "inviolable social institution." Because absolute divorce is not yet universally available to all citizens—as legislation remains a subject of active debate in Congress as of 2026—the primary legal avenues for dissolving a marriage are Petition for Declaration of Absolute Nullity and Petition for Annulment.
While often used interchangeably in casual conversation, these are distinct legal remedies under the Family Code of the Philippines.
1. Annulment vs. Declaration of Nullity
The distinction lies in the status of the marriage at the time it was celebrated.
- Declaration of Absolute Nullity (Void Marriages): This applies to marriages that were void from the very beginning. Legally, the marriage never existed. Common grounds include lack of a marriage license, bigamy, or "psychological incapacity" (Article 36).
- Annulment (Voidable Marriages): This applies to marriages that are considered valid until they are set aside by a court decree. These involve defects in consent, such as fraud, force, or lack of parental consent for those aged 18 to 21.
2. Common Grounds for Filing
The most frequent grounds invoked in Philippine courts are:
Psychological Incapacity (Article 36)
This is the most common ground for "nullity." It refers to a spouse's inability to comply with essential marital obligations (e.g., mutual love, respect, support).
Note: Following the landmark Supreme Court ruling in Tan-Andal v. Andal, psychological incapacity is no longer treated as a medical or clinical illness. It is now viewed as a legal concept that can be proven through a history of behavior showing a "protracted" and "incurable" inability to fulfill marital duties.
Voidable Grounds (Article 45)
A marriage may be annulled if any of the following existed at the time of the wedding:
- Lack of Parental Consent: If a party was between 18 and 21 and did not obtain consent.
- Unsound Mind: Either party was incapable of giving intelligent consent.
- Fraud: Specific instances such as concealment of a prior conviction, pregnancy by another man, or a sexually transmitted disease (STD).
- Force and Intimidation: Consent was obtained through threats or "vitiated" by fear.
- Impotence and STDs: Physical inability to consummate the marriage or a serious, incurable STD.
3. The Legal Process: Step-by-Step
I. Preparation and Filing
The petitioner must engage a lawyer to draft a Verified Petition.
- Venue: The case must be filed in the Family Court of the province or city where the petitioner or respondent has been residing for at least six (6) months prior to filing.
- Electronic Filing: Per recent Supreme Court mandates, many jurisdictions now require electronic filing of initiatory pleadings.
II. Collusion Investigation
To prevent "quickie" or "agreed-upon" dissolutions, the court directs the Public Prosecutor to conduct an investigation. They must determine if the parties are in collusion (working together to fake grounds). If collusion is found, the case is dismissed.
III. Pre-Trial and Trial
If no collusion is found, the case proceeds to Pre-Trial, where issues are simplified. During the Trial Proper, the petitioner, witnesses, and often a psychologist or psychiatrist provide testimony and documentary evidence.
IV. The Decision and Finality
If the judge grants the petition, a Decision is issued. After the 15-day appeal period, and once all property relations are liquidated and child custody issues are settled, the court issues a Decree of Annulment or Nullity.
4. Requirements and Documentation
To initiate the process, the following are typically required:
- PSA Marriage Certificate: The official record of the union.
- PSA Birth Certificates: For any common children.
- CENOMAR: Certificate of No Marriage Record.
- Psychological Evaluation Report: Essential for Article 36 cases to provide a narrative of the incapacity.
- Proof of Residency: Utility bills, government IDs, or barangay certificates covering the last six months.
5. Practical Considerations
| Category | Estimates / Details |
|---|---|
| Duration | Typically 2 to 5 years, depending on the court’s docket and the complexity of the case. |
| Costs | Can range from ₱250,000 to ₱600,000+. This includes legal fees, filing fees, and professional fees for expert witnesses. |
| Overseas Filipinos | OFWs may now file through Philippine courts even while abroad, utilizing video-conferencing for testimonies under specific Supreme Court guidelines. |
6. Current Legislative Landscape (2026)
While the Absolute Divorce Bill has seen significant progress in the House of Representatives, the status of a unified civil divorce law remains contingent on Senate approval and the signature of the President. Until such a law is fully implemented, the rigorous process of Annulment remains the only comprehensive way for most Filipinos to regain the legal status of "single" and the right to remarry.