1. Setting the Stage

The Philippines is one of only two jurisdictions in the world without a full‑blown divorce statute. The principal ways to dissolve a marriage in civil law are

Remedy	Nature of the marriage	Governing provisions	Key effect
Declaration of Nullity	Void ab initio (never valid)	Family Code arts. 35, 36, 37, 38, 53	Marriage is treated as if it never existed.
Annulment	Voidable—valid until annulled	Family Code arts. 45–46	Marriage is set aside only from the time the judgment becomes final.
Legal Separation	Valid marriage, but spouses live apart	Family Code arts. 55–67	Marital bond remains; no remarriage allowed.

Because there is no statutory divorce, parties often file (1) an action for declaration of absolute nullity (commonly on psychological incapacity under art. 36) or (2) an annulment under arts. 45–46. Both actions are in rem—they deal with the legal status of the marriage itself—which has two crucial consequences:

Jurisdiction is acquired over the status, not over the person of the respondent.
Consent of the other spouse is never required.

2. Annulment (or Nullity) Without the Respondent’s Consent

2.1 No legal requirement for consent

A verified petition may be filed unilaterally by the aggrieved spouse (or, in certain scenarios, by specified relatives).
Upon filing, the Regional Trial Court (Family Court) will issue summons. If the respondent spouse refuses to appear or cannot be located, service may be effected by
- Personal service;
- Substituted service; or
- Service by publication when ordered by the court.
If no Answer is filed within the reglementary period, the court declares the respondent in default and the case proceeds ex parte.

2.2 Safeguards against collusion

Because the respondent’s participation is not mandatory, the Family Code (art. 48) and the Rules on Declaration of Absolute Nullity/Annulment of Marriage require:

Investigation by the public prosecutor to certify that there is no collusion.
Mandatory appearance of a State counsel or Solicitor General representative at trial.

These safeguards allow the action to continue even when one spouse is silent or hostile, while preventing sham proceedings.

3. Grounds Commonly Invoked (Quick Recap)

Action	Typical grounds invoked without respondent’s cooperation
Nullity (Art. 36)	Psychological incapacity of either or both spouses to comply with essential marital obligations. Respondent’s non‑appearance often becomes evidence of incapacity.
Nullity (Art. 35)	Absence of a marriage license; bigamous marriage; under‑age marriage without parental consent; etc.
Annulment (Art. 45)	Lack of parental consent (age 18‑21); consent obtained by fraud, force, intimidation, or undue influence; physical incapacity to consummate; serious sexually transmissible disease.

4. Procedural Roadmap (Simplified)

Draft and file verified petition (with judicial affidavits and psychologist’s report if psych. incapacity).
Raffle and summons: court raffles to a Family Court; sheriff attempts service.
Collusion investigation by public prosecutor.
Pre‑trial; settlement of issues.
Trial: petitioner’s evidence; if respondent defaulted, only petitioner’s side is heard (State counsel may cross‑examine).
Decision: if granted, judgment becomes final after 15 days.
Entry of judgment sent to the Local Civil Registrar, Philippine Statistics Authority (now PSA), and Registrar of Deeds (for property annotations).

5. Property Regimes in a Nutshell

When married	Default property regime
Before Aug. 3 1988 (pre‑Family Code)	Conjugal Partnership of Gains (CPG) unless spouses chose otherwise.
On or after Aug. 3 1988	Absolute Community of Property (ACP) unless a valid prenuptial agreement provided a different regime.

Separate property (exclusive) is always retained by its owner, but mixing or improvements can create reimbursement claims.

6. Effects of Annulment/Nullity on Property

6.1 Annulment of a Voidable Marriage (arts. 50–52)

Liquidation of the ACP/CPG under judicial supervision.
Delivery of presumptive legitimes: The children’s share (½ of the community after debts) is set aside in cash, property, or securities.
Restoration of exclusive property to each spouse.
Equal division of net remainder between spouses unless one is adjudged in bad faith, in which case the share of the spouse in bad faith is forfeited in favor of the common children, or the innocent spouse’s relatives (art. 43 (2)).
Recording: An abstract of judgment is registered in the PSA; new titles issued for real property.

6.2 Declaration of Absolute Nullity of a Void Marriage

Because the marriage never existed, the court first determines whether the spouses acted in good or bad faith:

Scenario	Applicable rule (arts. 147–148)
Both in good faith	Wages and properties acquired through their joint efforts are co‑owned 50‑50.
One or both in bad faith	The share of the spouse in bad faith in the net co‑owned property is forfeited in favor of their common children (or, if none, the innocent spouse).
Bigamous or adulterous cohabitation (art. 148)	Each spouse retains what he/she actually contributed; there is no presumed equal share.

Properties outside these articles (e.g., exclusive inheritances) remain with their original owners.

7. Settlement of Debts and Reimbursements

Community/Conjugal debts are paid before distribution.
Reimbursements are allowed for
- Exclusive funds spent on community property or vice‑versa;
- Improvements introduced by a spouse on the separate property of the other.

These are computed during liquidation; if the parties fail to agree, a commissioner may be appointed or a separate special proceeding for liquidation can be filed.

8. Children’s Status and Support

Legitimate children remain legitimate whether the marriage is annulled or declared void (art. 50 for annulment; art. 36 vis‑à‑vis A.M. No. 02‑11‑10‑SC for void marriages).
Custody and support are resolved in the same case or a separate petition.
The right to inherit from parents is not impaired; presumptive legitimes are preserved.

9. Practical Scenarios

Example	Resulting property rule
Husband leaves, wife files annulment for fraud. Husband ignores summons, is declared in default. Community assets: ₱10 M net. Children: two.	Liquidate ACP. ₱5 M set aside as children’s presumptive legitimes. Remaining ₱5 M divided equally. Titles updated.
Wife discovers husband was already married (bigamy). She files for declaration of nullity; husband in bad faith. Properties: house worth ₱8 M bought with their salaries.	Apply art. 147 (co‑ownership). House sold/liquidated. Husband’s share forfeited to common child because of bad faith.
Marriage void for lack of license; both parties in good faith. No children. Contributed funds unequal (70–30).	Still co‑owned 50‑50 under art. 147; court may order reimbursement of the 20 % differential as equity.

10. Frequently Asked Questions

1. Can my spouse simply refuse to be served and block the case?
No. The court can order substituted service or publication; thereafter it proceeds even if the spouse never appears.

2. Will the court automatically take up property issues?
Yes, but only if properly pleaded. A prayer for the liquidation of the property regime must be included, otherwise you must file a separate liquidation/partition case after the decree becomes final.

3. Do I have to wait for the property liquidation before I can remarry?
No. You may remarry after the finality of the decree and the issuance and registration of a Certificate of Finality and Entry of Judgment—liquidation can continue independently.

4. What happens to debts in my name alone?
Personal debts remain yours, but creditors may still pursue community property used as security. During liquidation, reimbursement and contribution rules apply.

11. Key Take‑Aways

Consent of the other spouse is not a jurisdictional requirement; only due notice matters.
Annulment/nullity actions are rigorously screened for collusion, so lack of opposition does not guarantee success.
Property consequences differ sharply between voidable and void marriages, and between spouses in good or bad faith.
Failing to pray for property liquidation or for child support/custody can lead to piecemeal litigation—draft your petition comprehensively.
Record‑keeping is critical: titles, tax declarations, bank statements, and receipts are indispensable during inventory and valuation.

Disclaimer

This article is for general informational purposes and does not substitute for personalized legal advice. Consult a Philippine family‑law practitioner for guidance on your particular facts and updated rules of court.