In the Philippines, absolute divorce remains unavailable under the Family Code. The only ways to dissolve a marriage are through annulment of voidable marriages or declaration of nullity for marriages that are void from the beginning. The term “annulment” is commonly used by the public to refer to both procedures, with the most frequently invoked ground being psychological incapacity under Article 36 of the Family Code.

This article explains everything you need to know: grounds, requirements, procedure, costs, timeline, effects on children and property, and recent jurisprudential developments as of December 2025.

I. Types of Marriage Dissolution in the Philippines

Declaration of Absolute Nullity of Void Marriage (Articles 35–38, Family Code)
The marriage was invalid from the very beginning. It never legally existed.
Annulment of Voidable Marriage (Articles 45–47, Family Code)
The marriage was valid until annulled by a court decree.
Legal Separation (Articles 55–67)
The spouses remain legally married but are allowed to live separately and divide property. Remarriage is not allowed.

Only the first two procedures allow remarriage.

II. Grounds for Declaration of Absolute Nullity (Void Ab Initio)

The marriage is void from the start; no court decree is needed to treat it as non-existent, but a judicial declaration is required for remarriage, property settlement, and annotation in the PSA.

Common grounds:

Under 18 years old at the time of marriage (Art. 35(1))
No solemnizing officer or no marriage license (except when license not required) (Art. 35(2)(3))
Bigamous or polygamous marriage (Art. 35(4))
Mistake as to identity of the other party (Art. 35(5))
Incestuous marriages (Art. 37)
Marriages between collateral blood relatives up to 4th civil degree (Art. 38)
Public policy marriages (e.g., between step-parent and step-child, adoptive parent and adopted child while relationship exists)

Most common in practice: psychological incapacity (Art. 36), treated by jurisprudence as a void marriage (not voidable).

III. Grounds for Annulment of Voidable Marriage (Art. 45)

Under 18 at time of marriage (18–21 without parental consent)
Unsound mind
Fraud (concealment of STD, pregnancy by another man, conviction of crime involving moral turpitude, drug addiction, homosexuality, etc.)
Force, intimidation, or undue influence
Physical incapacity to consummate (impotence)
Serious and incurable sexually transmissible disease

Prescriptive periods apply (e.g., fraud: 5 years from discovery; impotence: anytime before death of either party but must be raised while both are alive).

IV. Psychological Incapacity (Article 36) – The Most Common Ground

The marriage is void even though validly celebrated because one or both spouses were psychologically incapacitated to comply with essential marital obligations.

Key Supreme Court rulings:

Republic v. Court of Appeals and Molina (1997) – Established the Molina guidelines (gravity, juridical antecedence, incurability).
Ngo Te v. Yu-Te (2009) – Clarified that incapacity must be grave and permanent.
Tan-Andal v. Andal (G.R. No. 196359, May 11, 2021) – Significantly liberalized the interpretation:
– Removed the Molina requirement of gravity and incurability as separate elements.
– Psychological incapacity now consists of a person’s mental incapacity to understand and perform essential marital obligations, existing at the time of marriage, proven by clear and convincing evidence.
– Expert testimony is no longer absolutely required if totality of evidence suffices.
Subsequent cases (Marcos v. Marcos, Kalaw v. Fernandez, Republic v. Madero, etc.) have consistently applied Tan-Andal, making Article 36 cases easier to prove than during the Molina era.

As of 2025, psychological incapacity remains the primary ground used in over 90% of nullity cases.

V. Who Can File

Either spouse (except if the petitioner is the one psychologically incapacitated or the guilty party in certain voidable grounds).
For void marriages: any interested party (including subsequent spouse) may file, but only the spouses may file during their lifetime for Article 36 cases (Republic v. Cuison-Melgar, 2023).

VI. Where to File

Regional Trial Court (Family Court) of:

The province or city where the petitioner has resided for at least six (6) months prior to filing, OR
Where the respondent resides (at the option of the petitioner).

For Filipinos abroad: the Family Court of Manila or the province where the respondent resides, provided petitioner has resided in a foreign country for at least six months and was a former resident of the Philippines.

VII. Step-by-Step Procedure

Consult a lawyer
Mandatory; no pro se nullity/annulment cases are allowed except in very rare circumstances.
Psychological evaluation (for Art. 36 cases)
Petitioner usually undergoes clinical interview and psychological testing by a licensed psychologist or psychiatrist. Report costs ₱40,000–₱120,000 depending on the expert.
Prepare the Petition
Verified petition stating facts, grounds, names and ages of children, properties, etc.
Attachments:
– Marriage certificate (PSA)
– Birth certificates of children (PSA)
– Psychological report (if applicable)
– Affidavit of petitioner and witnesses
– Certificate of no collusion (sometimes)
– Barangay certification (if required by court)
File the Petition with the RTC
Pay filing fees (see cost section below).
Raffle to a Branch
Case is raffled to a Family Court judge.
Prosecutor’s Investigation (Collusion Investigation)
The public prosecutor investigates whether there is collusion between the parties. Usually takes 1–3 months.
Service of Summons to Respondent
If respondent is in the Philippines: personal service or substituted.
If abroad: service by publication in a newspaper of general circulation + sending copy to last known address.
Answer or Default
Respondent has 30 days (if abroad, 60 days) to file Answer.
If no Answer, petitioner moves to declare respondent in default.
Pre-Trial
Issues are defined; possible referral to mediation (mandatory under the Rules on Facilitation of Court-Annexed Family Mediation).
Trial
– Presentation of petitioner’s evidence (petitioner, corroborative witness, psychologist)
– Marking of exhibits
– Formal offer of evidence
– Respondent’s evidence (if not in default)
Decision
Judge renders decision. If favorable, marriage is declared null and void.
Finality
Decision becomes final after 15 days if no appeal, or upon resolution of appeal.
Entry of Judgment and Certificate of Finality
Clerk of Court issues Entry of Judgment.
Partition and Distribution of Properties (if any)
Separate proceeding or included in same case.
Annotation with PSA and Local Civil Registrar
Court orders PSA to annotate the decree on the marriage certificate. This step is required before one can legally remarry.

VIII. Costs Involved (2025 Estimates)

Filing fees (based on assessed value of properties):
– No properties or properties below ₱500,000: ≈ ₱10,000–₱25,000
– With properties worth ₱10M: ≈ ₱150,000–₱300,000
– High-value properties: can reach ₱500,000+
Lawyer’s fees: ₱150,000–₱500,000 (average ₱250,000–₱350,000 in Metro Manila)
Psychological evaluation: ₱50,000–₱150,000
Publication (if respondent abroad): ₱25,000–₱50,000
Miscellaneous (transpo, transcripts, etc.): ₱30,000–₱80,000

Total average cost for a standard Article 36 case: ₱400,000–₱800,000.

IX. Timeline (Realistic 2025 Estimates)

Simple uncontested case: 12–24 months
Contested case: 2–5 years
Case with respondent abroad: add 6–12 months for publication and service
Appeal to CA or Supreme Court: add 2–4 years

The Judicial Affidavit Rule and continuous trial system have shortened trials somewhat, but backlog remains heavy.

X. Effects of a Favorable Decision

Parties regain capacity to remarry.
Children remain legitimate (Art. 54, Family Code – children conceived or born before the judgment becomes final are legitimate).
Property regime is dissolved; properties divided according to co-ownership rules (Art. 147 or 148 if no marriage settlement).
Donor’s tax (6%) and documentary stamp tax apply on transfer of real properties.
Spousal support ends; child support and custody arrangements continue or are modified.

XI. Remarriage After Annulment/Nullity

You may remarry only after:

Obtaining the Certificate of Finality
Court-ordered partition of properties (if any) is completed
PSA has annotated the decree on the marriage certificate (you must submit the annotated PSA marriage certificate when applying for a new marriage license)

Marrying without the annotation is bigamy.

XII. Frequently Asked Questions (2025)

Q: Can I file annulment if my spouse is abroad and refuses to cooperate?
A: Yes. Service by publication is allowed.

Q: Is expert testimony still required after Tan-Andal?
A: No longer mandatory. The totality of evidence (behavioral patterns, affidavits, clinical interviews) can suffice.

Q: Can same-sex psychological incapacity be a ground?
A: Homosexuality per se is not psychological incapacity (Republic v. Cortes, 2018). It must be shown that the person is unable to perform essential marital obligations due to a deeper personality disorder.

Q: Can I file if we were married abroad?
A: Yes, provided the marriage is valid under Philippine law or was celebrated under foreign law but involves a Filipino.

Q: Is there a simplified procedure?
A: None yet. The proposed Divorce Act has not been passed as of December 2025.

This guide reflects the current state of Philippine family law and jurisprudence as of December 2025. Always consult a competent family law practitioner for advice specific to your case.