In the Philippines, marriage is a permanent institution protected by law and the Constitution. Absolute divorce remains unavailable to most Filipino citizens as of 2026, though legislative proposals continue to be debated. The primary judicial remedies for ending a marriage are a declaration of nullity (for void marriages that are invalid from the beginning) and annulment (for voidable marriages that are valid until a court declares them invalid). Colloquially, both are often referred to as "annulment." These processes allow parties to remarry after proper registration of the decree.

The governing law is the Family Code of the Philippines (Executive Order No. 209, as amended). Proceedings occur in Family Courts (designated branches of the Regional Trial Court) and follow the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 02-11-10-SC). The State, through the Office of the Solicitor General (OSG) and public prosecutor, actively participates to prevent collusion and ensure compliance with law.

Distinction Between Declaration of Nullity and Annulment

Declaration of Nullity: Applies to void marriages (void ab initio). The marriage is treated as never having legally existed. No prescriptive period generally applies.
Annulment: Applies to voidable marriages. The marriage is valid until annulled by court decree. Strict prescriptive periods apply.

Grounds for Declaration of Nullity of Marriage (Void Marriages)

Under Articles 35–38, 41, and 52–53 of the Family Code:

Contracted by a party below 18 years of age.
Solemnized by an unauthorized person (unless parties believed in good faith the officer was authorized).
Solemnized without a valid marriage license (with limited exceptions, such as marriages in articulo mortis).
Bigamous or polygamous (unless falling under the presumptive death provisions of Article 41).
Contracted through mistake as to the identity of the other party.
Subsequent marriage under Article 53 (failure to record a previous judgment of nullity or annulment).
Psychological incapacity (Article 36): A party was psychologically incapacitated at the time of marriage to fulfill essential marital obligations. This must be grave, juridically antecedent (existed before or at the time of marriage), and incurable. The Supreme Court in Tan-Andal v. Andal (2021) clarified that psychological incapacity is a legal, not strictly medical, concept; expert testimony is helpful but not always indispensable if clear and convincing evidence from lay witnesses establishes the elements.
Incestuous marriages (Article 37): Between ascendants and descendants of any degree, or brothers and sisters (full or half-blood).
Marriages against public policy (Article 38): Between collateral blood relatives up to the fourth civil degree; step-parents and step-children; parents-in-law and children-in-law; adopting parent and adopted child (and related relations); or where one party killed the other's spouse with intent to marry.

Grounds for Annulment of Marriage (Voidable Marriages)

Under Article 45, existing at the time of marriage (with prescriptive periods in Article 47):

Lack of parental or guardian consent for a party aged 18 but below 21 (must be filed within 5 years after reaching 21, unless free cohabitation occurred after).
Either party was of unsound mind (filed before death, with exceptions for cohabitation after regaining reason).
Consent obtained by fraud (specific instances under Article 46, such as concealment of a previous conviction for moral turpitude, pregnancy by another man, sexually transmitted disease, drug addiction, alcoholism, or homosexuality; cohabitation after discovery bars the action).
Consent obtained by force, intimidation, or undue influence (cohabitation after cessation bars the action).
Physical incapacity to consummate the marriage (impotence) that is incurable (filed within 5 years).
Affliction with a serious and incurable sexually transmitted disease (filed within 5 years).

Legal separation (Article 55) is a separate remedy that does not dissolve the marriage but allows separation of bed and board on grounds such as repeated physical violence, sexual infidelity, drug addiction, or abandonment.

Step-by-Step Judicial Process

The process is adversarial and requires proof of the ground(s) by clear and convincing evidence. Electronic filing and service are now mandatory for annulment and nullity cases.

Consultation with a Lawyer — Engage a family law attorney experienced in nullity and annulment cases. The lawyer assesses the facts, identifies applicable grounds, advises on strategy, and estimates costs and success prospects.
Psychological Evaluation (if applicable) — For Article 36 cases, a clinical psychologist or psychiatrist typically conducts evaluations of the parties (and sometimes children or relatives). A detailed report linking the incapacity to the required legal elements is prepared. Post-Tan-Andal, lay testimony may supplement or, in strong cases, substitute for expert evidence.
Preparation of Documents and Evidence — Gather required records and supporting proof (affidavits from witnesses, medical records, communications, etc.).
Filing the Petition — The verified petition is filed in the Family Court where the petitioner or respondent has resided for at least six (6) months immediately preceding filing. For overseas Filipinos (OFWs), residency can be proven via affidavits and consular authentication; venue rules have been relaxed in some cases. Filing fees range from ₱10,000 to ₱30,000. The case is raffled to a branch.
Issuance and Service of Summons — The court issues summons to the respondent (personal service, substituted service, or publication if the respondent cannot be located). Special rules apply for respondents abroad (service through Philippine embassies/consulates or other modes).
Response and Collusion Investigation — The respondent has 15 days (extendible) to file an Answer. The public prosecutor investigates for collusion between parties. The OSG may participate and can oppose the petition.
Pre-Trial Conference — Issues are defined, evidence is marked, and possibilities for amicable settlement on ancillary matters (custody, support, property) are explored. Pre-trial briefs are required. Mandatory counseling or mediation may apply if children are involved.
Trial Proper — Hearings allow presentation of testimonial and documentary evidence. The petitioner testifies first, followed by witnesses and the psychologist (if any). The public prosecutor and respondent (if participating) may cross-examine. The respondent may present rebuttal evidence.
Submission of Memoranda and Decision — After trial, parties submit memoranda. The judge renders a decision granting or denying the petition.
Finality and Decree — If granted and unappealed (or after appeal resolution), the decision becomes final. A Decree of Nullity or Annulment is issued.
Registration — The decree must be registered with the Local Civil Registrar where the marriage was solemnized and with the Philippine Statistics Authority (PSA). This updates civil status records and restores capacity to remarry. Failure to register renders any subsequent marriage void.

Required Documents (Typical)

Certified true copies from PSA: Marriage certificate, birth certificates of children (if any), CENOMAR (Certificate of No Marriage).
Baptismal certificates.
Valid identification documents.
Psychological evaluation report (for Article 36 cases).
Affidavit of residency or proof of venue.
Supporting evidence: affidavits, medical/psychological records, communications, property documents.
For documents executed abroad: Apostille or consular authentication.

Costs

Total expenses typically range from ₱150,000 to ₱600,000 or more, depending on complexity, location (higher in Metro Manila), whether contested, and duration. Breakdown includes:

Attorney’s fees: Acceptance fee ₱100,000–₱350,000+ plus per-appearance fees (₱3,000–₱10,000).
Psychological evaluation: ₱20,000–₱100,000.
Court filing and miscellaneous fees: ₱10,000–₱30,000+.
Other: Publication (if needed), sheriff fees, expert witness fees, transcription.

Flexible payment terms are common, especially for OFWs.

Timeline

The process generally takes 2 to 5 years or longer due to court calendars, backlogs, and the need for thorough evidence. Uncontested cases with cooperative respondents and strong evidence may conclude in 1–3 years. Contested cases, missing respondents, or extensive property/child issues extend the timeline significantly. Preparation (documents and evaluation) takes 1–3 months before filing.

Effects of a Successful Petition

The marital bond is dissolved (or declared never to have existed legally).
Parties regain the capacity to remarry after registration of the decree.
Property regime (Absolute Community of Property or Conjugal Partnership of Gains) is liquidated and partitioned according to law and any agreement approved by the court. Bad-faith spouses may forfeit shares.
Children conceived or born before the decree are generally considered legitimate (especially in Article 36 cases under Article 54). Custody is determined by the best interests of the child (tender-age presumption favors the mother for children under 7, subject to exceptions). Support obligations continue.
The decree does not affect the legitimacy of children or prior property rights acquired in good faith by third parties.

Special Considerations

Children and Property: The court resolves custody, visitation, and support. Property issues may require separate liquidation proceedings if complex.
Overseas Filipinos (OFWs): Cases can be filed from abroad if venue requirements are met. Testimony may be allowed via videoconference in limited circumstances; documents require consular processing.
Mixed Marriages (Filipino and Foreigner): If the foreign spouse obtains a valid divorce abroad, the Filipino spouse may file a petition for recognition of the foreign judgment in a Philippine court to remarry. The divorce must be proven as valid under the foreign law.
Muslim Filipinos: Divorce is available under the Code of Muslim Personal Laws (Presidential Decree 1083).
No Collusion: Agreements to fabricate grounds or evidence will lead to dismissal.
Appeals: Either party, the prosecutor, or the OSG may appeal an adverse decision.

This guide provides a comprehensive overview of the annulment and declaration of nullity process under current Philippine law. Procedures, interpretations, and requirements are subject to updates by the Supreme Court and Congress. Individual outcomes depend on specific facts and evidence. This information is for educational purposes only and does not constitute legal advice. Parties should consult a licensed family law attorney for personalized guidance tailored to their situation.