Many people say "annulment" for any case that ends a marriage in court. Legally, an annulment applies only to a marriage that was valid when celebrated but defective, and it remains valid until a court annuls it. This is different from a declaration of nullity, which applies to a marriage that was void from the beginning, such as one based on psychological incapacity. Choosing the right petition is the first and most important decision.
Annulment, nullity, legal separation: the differences
- Declaration of nullity: the marriage was void from the start (for example, psychological incapacity under Article 36, no marriage license, bigamous marriage). The action does not prescribe. See our guide on psychological incapacity.
- Annulment: the marriage was valid but has a defect listed in Article 45. Strict deadlines apply, and some defects can be cured by living together freely.
- Legal separation: the spouses live apart and their property is separated, but the marriage continues. Neither spouse may remarry.
- Recognition of foreign divorce: for a Filipino married to a foreigner who obtained a divorce abroad, a Philippine court must recognize it before the Filipino may remarry.
The six grounds for annulment (Article 45)
- Lack of parental consent: a party was 18 to 21 years old and married without the consent of a parent or guardian.
- Insanity: either party was of unsound mind at the time of the marriage.
- Fraud: consent was obtained through one of the specific kinds of fraud listed in Article 46 (see below).
- Force, intimidation, or undue influence was used to obtain consent.
- Physical incapacity to consummate the marriage, which continues and appears incurable.
- A serious and apparently incurable sexually transmissible disease existing at the time of the marriage.
Fraud is narrowly defined
Only the following count as fraud under Article 46: non-disclosure of a previous conviction of a crime involving moral turpitude; concealment by the wife that she was pregnant by another man at the time of the marriage; concealment of a sexually transmissible disease; and concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of the marriage. Lies about character, health, rank, fortune, or chastity are not grounds, no matter how serious.
The deadlines are strict (Article 47)
- Lack of parental consent: by the spouse within five years after turning 21, or by the parent or guardian before the spouse turns 21.
- Insanity: by the sane spouse who did not know of the insanity, or a relative or guardian, at any time before the death of either party; or by the insane spouse during a lucid interval or after regaining sanity.
- Fraud: within five years after discovering the fraud.
- Force, intimidation, or undue influence: within five years after it ceased.
- Incapacity to consummate and STD: within five years after the marriage.
Living together freely as husband and wife after learning of the defect can also ratify the marriage for the first four grounds, which means it can no longer be annulled.
The process in brief
- Petition filed with the Family Court where the petitioner or respondent has been residing for at least six months before filing, under A.M. No. 02-11-10-SC.
- The public prosecutor investigates whether there is collusion between the spouses. Agreements to "not contest" do not make the case easier.
- Pre-trial, trial, and presentation of evidence. The court cannot grant the petition based on admission or default alone.
- Decision, finality, and registration of the decree with the civil registry and the PSA. Only after registration may either party remarry.
Children and property
- Children conceived or born before the decree of annulment are legitimate (Article 54).
- The property regime is liquidated, and the presumptive legitimes of the children must be delivered (Articles 50 and 51).
- A spouse who acted in bad faith may forfeit his or her share in the net profits.
- The court will also rule on custody and support.
Note on divorce legislation: Bills on absolute divorce have been filed in Congress. Ask a lawyer about the current status of any divorce law before relying on this guide.
Frequently asked questions
What is the difference between annulment and nullity?
Annulment applies to a marriage that was valid but defective, and has five-year deadlines for most grounds. Nullity applies to a marriage that was void from the beginning, such as one based on psychological incapacity, and does not prescribe.
Can I annul my marriage because my spouse lied about his job or wealth?
No. Article 46 says that misrepresentation as to character, health, rank, fortune, or chastity is not fraud for annulment purposes.
Are our children still legitimate after annulment?
Yes. Children conceived or born before the decree of annulment are legitimate.
Is there divorce in the Philippines?
Divorce is available to Muslim Filipinos under P.D. 1083, and a divorce validly obtained abroad involving a foreign spouse may be recognized. Check with a lawyer for the current status of any divorce legislation.