Family Law in the Philippines: Marriage, Annulment, and the Family Code

What family law covers

The Family Code of the Philippines (E.O. No. 209, 1987, as amended) governs marriage, its dissolution and its effects, property relations between spouses, and parental authority and support; the Civil Code and special laws (e.g., on adoption and on violence against women and children) supply the rest.

Marriage — a valid marriage

A valid marriage requires the essential requisites (legal capacity of the parties and consent freely given) and the formal requisites (authority of the solemnizing officer, a valid marriage license, and a marriage ceremony). A defect in these affects the marriage's validity.

Void vs. voidable — nullity vs. annulment

Two different remedies are often loosely called "annulment":

• Declaration of nullity — for a void marriage, one that was never valid from the start (e.g., no license, bigamous/incestuous, or psychological incapacity under Art. 36).
• Annulment — for a voidable marriage, one that is valid until a court annuls it (grounds under Art. 45 — e.g., lack of parental consent, unsound mind, fraud, force or intimidation, incurable impotence, or a serious sexually-transmissible disease).

(A dedicated guide: Annulment in the Philippines)

Psychological incapacity (Art. 36)

The most litigated ground for nullity is psychological incapacity. Under the current doctrine (Tan-Andal v. Andal, 2021), psychological incapacity is not a medical or clinical illness that must be proved by a psychiatrist; it is a legal concept — a durable aspect of a spouse's personality, existing at the time of marriage, that makes them truly unable to comply with the essential marital obligations. Expert psychiatric testimony is no longer indispensable; it may be shown by the totality of evidence. This reframed the older, stricter medical-expert requirement of Republic v. Molina. It did not, however, make nullity "easy" — the petitioner must still prove the incapacity by clear and convincing evidence. ✓

Legal separation

Legal separation does not dissolve the marriage — the spouses remain married and cannot remarry; it relieves them of the duty to live together and separates their property, on grounds such as repeated physical violence, drug addiction, or marital infidelity (Art. 55).

Is there divorce in the Philippines?

The Philippines has no general absolute divorce law (verified current as of 2026). The only routes to full dissolution are (a) divorce for Muslim Filipinos under the Code of Muslim Personal Laws (P.D. 1083), and (b) recognition of a foreign divorce under Family Code Art. 26(2) in a marriage between a Filipino and a foreigner — which, after Republic v. Manalo (2018), may be recognized even where the Filipino spouse obtained the divorce abroad. Absolute-divorce bills have advanced (the House passed one in 2024) but none has been enacted into law — so divorce is not generally available. ✓ (highest-risk currency item — the lawyer must re-confirm at publish that no Absolute Divorce Act has since been enacted)

Property relations of spouses

Absent a marriage settlement (prenuptial agreement), marriages are governed by the absolute community of property (for marriages under the Family Code) — property owned before and acquired during the marriage generally forms one community, subject to exceptions.

Children — custody, support, adoption

• Custody & parental authority — parents jointly exercise parental authority; a child under seven is generally not separated from the mother (the "tender-age" presumption) absent compelling reasons.
• Support — spouses and family members owe each other support in proportion to need and means (Family Code, Arts. 194 ff.).
• Adoption — domestic adoption is now administrative, not judicial, under R.A. No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act, 2022), handled by the National Authority for Child Care.

Protection from abuse

R.A. No. 9262 (Anti-Violence Against Women and Their Children Act) lets a woman or her child obtain protection orders against violence — physical, sexual, psychological, or economic.

Explore the family-law topics (down-links; curated)

Requisites of a Valid Marriage · Void & Voidable Marriages · Psychological Incapacity / Annulment · Legal Separation · Divorce in the Philippines · Property Relations of Spouses · Rights & Obligations Between Spouses · Support Under the Family Code · Child Custody & Parental Authority · Paternity & Filiation · Adoption · Family Home · VAWC (R.A. 9262)

(Build note: each → live /philippines/research/<slug>; curate ≤6-8 visible per group if grouping.)

Frequently asked questions

What is the difference between annulment and declaration of nullity? Declaration of nullity is for a marriage that was void from the start (e.g., psychological incapacity); annulment is for a voidable marriage (valid until a court annuls it, e.g., for fraud or lack of consent). Is there divorce in the Philippines? There is no general absolute divorce; the routes are divorce for Muslim Filipinos and recognition of a valid foreign divorce under Art. 26. What is psychological incapacity? A legal (not medical) ground for nullity — a durable inability, existing at the marriage, to comply with the essential marital obligations; expert psychiatric proof is not indispensable. Does legal separation let me remarry? No — legal separation does not dissolve the marriage; the spouses remain married. How does adoption work now? Domestic adoption is now administrative under R.A. 11642, handled by the National Authority for Child Care.

References