Annulment is one of the most searched legal topics in the Philippines, yet many Filipinos remain confused about the grounds, process, and costs involved. Unlike divorce (which is generally not available to Filipino citizens), annulment allows married couples to have their marriage declared void or voidable under specific circumstances. This comprehensive guide explains everything you need to know about annulment in the Philippines in 2026.
What is the Difference Between Annulment and Declaration of Nullity?
Under the Family Code of the Philippines, there are two distinct concepts:
- Declaration of Nullity of Marriage — for marriages void from the beginning (e.g., bigamous marriages, marriages below 18, psychological incapacity under Article 36).
- Annulment of Marriage — for marriages valid at celebration but subject to annulment due to defects in consent.
Grounds for Annulment (Article 45, Family Code)
- Lack of parental consent — party was 18-21 and married without written parental consent.
- Psychological incapacity — under Article 36, the most commonly used ground.
- Fraud — concealment of pregnancy, STD, criminal conviction, or other fraud.
- Duress or force — consent obtained through violence or intimidation.
- Impotence — physical incapacity unknown to the other party.
- Sexually transmitted disease — serious and incurable, unknown to the other.
Annulment Process
- Consultation with a lawyer
- Filing of Petition with the Family Court (RTC)
- Collation of evidence (medical, psychological, witness affidavits)
- Pre-trial and mediation
- Trial — petitioner proves ground by preponderance of evidence
- Court decision and registration with PSA
Cost Breakdown
| Expense | Cost |
|---|---|
| Attorney fees | PHP 80,000 – 250,000 |
| Court filing fees | PHP 10,000 – 25,000 |
| Psychological evaluation | PHP 15,000 – 50,000 |
| Publication fees | PHP 5,000 – 15,000 |
| Total | PHP 110,000 – 350,000 |
FAQs
Can we get annulment if both agree?
No. A valid legal ground is required — mutual agreement alone is not enough.
What happens to children?
Children remain legitimate. Custody is decided based on best interests of the child.
How long does it take?
Typically 6 months to 2 years depending on the court and complexity.
Need Legal Assistance?
KCJ Law Office in Manila provides expert legal guidance on this topic. Contact us today for a consultation.
Disclaimer: This article is for general information only and is not legal advice. Consult a qualified lawyer for your specific situation.