Annulment and declaration of nullity: the steps

Philippine law has no general divorce for marriages between Filipinos (the exceptions include marriages under the Code of Muslim Personal Laws, and a valid foreign divorce obtained by a foreign spouse, which a court can recognise). A marriage can instead be declared VOID from the start, or ANNULLED because it was defective when it was made.

Nullity or annulment?

• Declaration of nullity: the marriage was void from the beginning — for example, one party was below eighteen, there was no valid marriage licence when one was required, it was bigamous, or a party was psychologically incapacitated to comply with the essential marital obligations (Article 36 of the Family Code).
• Annulment: the marriage was valid until annulled, because of a defect at the time it was celebrated — for example, a party aged eighteen to twenty-one married without parental consent, or consent was obtained by fraud, force or intimidation (Article 45). Each ground has its own period within which the case must be filed.
• Legal separation is different: the spouses may live apart and their property is separated, but neither may remarry.

The usual steps

• Consultation and documents: PSA copies of the marriage certificate and of the children's birth certificates, proof of where you have lived, and an account of the marriage.
• In an Article 36 case, an evaluation by a psychologist or psychiatrist is commonly prepared. Since the Supreme Court's 2021 decision in Tan-Andal v. Andal, expert testimony is no longer strictly required, but evidence of the incapacity still has to be presented.
• The petition is filed with the Family Court of the province or city where the petitioner or the respondent has lived for at least six months before filing, and raffled to a branch.
• Summons is served on the other spouse, who may answer.
• The public prosecutor investigates whether the spouses are colluding, and the Office of the Solicitor General takes part for the State.
• Pre-trial, then trial: you, your witnesses and any expert testify.
• Decision. If the petition is granted and becomes final, the decision is registered with the local civil registrar and the PSA, the property is liquidated, and the Decree of Nullity or Annulment is issued. Only then may a party remarry.

How long does it take?

It depends on the court's docket and on whether the case is contested. Many cases take more than a year. Be wary of anyone who promises a fixed date or a guaranteed result.

The children

The court also decides custody, support and visitation. Children conceived or born before the judgment of annulment, or of nullity under Article 36, are legitimate.