From Start to Finish
Understanding the Annulment of Marriage Process in the Philippines

Below is a general outline of the steps in the annulment process in the Philippines. In some cases, these steps may not be followed

Step 1: Gathering necessary documents and evidence

The initial step is to gather the necessary documents and evidence. Here’s a general breakdown of what this step typically involves:

1. Marriage Certificate: Obtain a copy of the marriage certificate, as it’s essential to prove the existence of the marriage. This document contains details such as the date, location, and names of the spouses.
2. Documents Supporting Grounds for Annulment: Collect any documents or evidence that support your grounds for seeking an annulment. For example, (i) Evidence of Fraud or Misrepresentation: Any correspondence, written agreements, or proof that shows deceit or misrepresentation by your spouse; (ii) Proof of Concealment: Documents proving that your spouse deliberately hid crucial information that would have affected the decision to marriage; (iii) Evidence of Incapacity: Medical records, witness statements, or any documentation showing that one or both spouses were unable to understand the marriage commitment at the time of the ceremony due to mental incapacity; (iv) Proof of Prohibited Relationships: Documents that confirm a prohibited relationship, such as birth certificates proving a close blood relation; or (v) Evidence of Force or Duress: Any documentation, witnesses, or records that can support the claim that the marriage occurred under duress or coercion.

Step 2: Consultation with a skilled annulment lawyer

Once you have gathered evidence, The client visits the lawyer to discuss his or her legal matter. Once the lawyer has consulted and received the necessary documents, they will proceed to prepare the petition for the annulment of the marriage.

When the reason for declaring a marriage null is psychological incapacity, it is recommended to engage the assistance of an expert witness, such as a psychologist or psychiatrist, at this phase. The expert witness will thereafter provide testimony regarding the psychological incapacity of either the petitioner or the respondent. Including the executive summary of the expert witness report in the petition is also recommended.

Step 3: Filing the annulment petition

The petition is filed before the Regional Trial Court at the place where either of the parties reside. Cases involving marriage and family matters will be raffled only to designated Family Courts.

Step 4: Court proceedings and hearings

Upon the filing of the Petition, Court proceedings will ensue. The Court will send Summons to the respondent-Spouse to allow him/her to Answer. Once the Court receive his/her Answer, it shall schedule the case to several hearings, including, but not limited to, Collusion Hearing, Pre-Trial, and Trial. The Court will likewise issue an order requiring the Philippine Government, through the Office of the Solicitor General (OSG) and the prosecutor assigned to participate in the proceedings. 

Step 5: Finalizing the annulment

Following the completion of procedures and hearings, the Court will subsequently issue an order indicating that the case has been submitted for resolution. The Decision will be disseminated within a period of 30 to 90 days following the issuance of the aforementioned order.

The duration of a marriage nullity declaration can vary from 10 months to several years, depending on factors such as the complexity of the case (e.g. disputed properties, custody, and support), the court’s availability, the presence of witnesses and documentary evidence, and the location where the petition is filed.