Two remedies with different legal grounds
A declaration of nullity concerns a marriage that is void from its beginning. The Family Code identifies several grounds, including specified failures in the requirements for marriage, prohibited marriages, and psychological incapacity under Article 36. Which ground applies depends on the circumstances; a difficult relationship alone does not establish one.
Annulment concerns a marriage that is valid until annulled by a court. Article 45 lists particular grounds existing at the time of marriage, such as qualifying lack of parental consent, unsoundness of mind, specified fraud, or consent obtained through force, intimidation or undue influence. Each has its own requirements. Some grounds can be affected by later cohabitation, and filing periods vary.
Legal separation is different again: it does not sever the marriage bond. Living apart for many years, or agreeing privately to separate, does not by itself authorize remarriage.
What psychological incapacity means after Tan-Andal
In Tan-Andal v. Andal, the Supreme Court clarified that psychological incapacity is a legal concept. It is not a psychiatric diagnosis that must invariably be established through an expert. The court examines evidence of an enduring inability to comply with essential marital obligations toward the particular spouse.
The incapacity must have existed when the marriage was celebrated, although it may become apparent later. Gravity, juridical antecedence and incurability remain relevant in their legal sense. Mere incompatibility, neglect or refusal to perform obligations is insufficient. The petitioner must establish the case by clear and convincing evidence.
This is why a chronology and witnesses with firsthand knowledge can matter. A professional evaluation may assist in an appropriate case, but obtaining a report is not a guarantee that a petition will succeed.
Prepare the story and the records together
For an initial discussion, prepare a factual timeline covering the relationship before the wedding, the marriage itself, significant events and the present situation. Distinguish what you personally observed from information someone else supplied. Include facts that appear unfavorable as well as those supporting your concern.
A useful starting file may include the following. Your lawyer can identify the specific documents and witnesses needed after assessing the possible ground.
- Your marriage certificate and relevant civil-registry records.
- Children’s birth certificates and existing support or custody arrangements, where relevant.
- A dated chronology, pertinent communications and names of people with firsthand knowledge.
- Information about the spouses’ actual residences and any earlier court proceedings.
Questions beyond the marriage certificate
The assessment should also consider children, support, property and existing proceedings. These concerns should not be left until the end of a case. Ask what relief is appropriate, what evidence is missing, and which issues may require separate attention.
Before planning a subsequent marriage, have counsel confirm the final court disposition and the required registration and other legal steps. A favorable decision is not a reason to skip those requirements. QLO can discuss these questions by appointment in Quezon City, starting with a free initial legal assessment.
Questions you may have.
Can both spouses simply agree to have the marriage declared void?
Agreement alone does not establish a legal ground. The court must receive sufficient evidence, and the law requires safeguards against collusion and fabricated or suppressed evidence.
Is a psychologist always required for an Article 36 case?
Tan-Andal does not make expert testimony indispensable in every case. The evidence must still satisfy the legal standard; whether professional evidence would assist requires a case-specific assessment.
Legal sources
General information on Philippine law, published 2026-10-26. The right advice depends on the facts, documents and current rules applicable to your matter.