How to File for Annulment Based on Mutual Consent in the Philippines
An In-Depth Legal Overview

1. Introduction

In many jurisdictions around the world, couples whose marriage has broken down can simply file for divorce or dissolution of marriage by mutual agreement. In the Philippines, however, divorce is generally not recognized (except under limited circumstances for Muslim Filipinos under Presidential Decree No. 1083, or for foreign divorces recognized under certain conditions), so the common remedies are annulment or declaration of nullity of marriage under the Family Code of the Philippines (Executive Order No. 209, as amended).

A question often arises: “Can we obtain an annulment purely by mutual consent?” While some couples believe that a “no-fault” or “uncontested” annulment—similar to a “mutual consent divorce”—is possible, Philippine law does not recognize “mutual consent” as an independent ground to void or annul a marriage. Thus, no matter how amicable the spouses may be, an annulment in the Philippines still requires a legal ground under the Family Code.

Below is a comprehensive discussion clarifying the concept of annulment in the Philippines, why “mutual consent” is not a standalone ground, what valid grounds exist, the steps to follow, and other legal considerations.

2. Understanding “Annulment” vs. “Declaration of Nullity”

Under Philippine law, there are two ways to legally end a marriage (excluding legal separation, which does not dissolve the marriage bond):

Declaration of Nullity of Marriage
- Used when the marriage is void ab initio (void from the start). Common grounds include:
- Lack of a formal or essential requirement, such as no valid marriage license or the minister/priest/judge lacked authority.
- Psychological incapacity (Article 36 of the Family Code).
- Bigamous or polygamous marriage.
- Incestuous marriages or those contrary to public policy.
Annulment of Voidable Marriage
- Applies to marriages that are valid until annulled by the court on specific grounds provided under the Family Code:
- Lack of parental consent (if one party was between 18 and 21 years old at the time of marriage).
- Insanity of one party at the time of marriage.
- Fraud (e.g., concealment of pregnancy by another man, sexually transmitted disease, conviction of a crime, etc.).
- Force, intimidation, or undue influence.
- Impotence (physical incapacity to consummate the marriage).
- Sexually transmissible disease found to be serious and incurable.

Notably, “mutual consent to end the marriage” is not listed among these grounds. Therefore, one cannot simply appear before a court and request an annulment on the sole basis that “both spouses agree” the marriage should end.

3. Why “Mutual Consent” Alone Is Insufficient

Although mutual agreement can simplify many aspects of the legal process (e.g., child custody, property settlement), it cannot replace a legal ground. The State places a high priority on the sanctity of marriage under the 1987 Philippine Constitution. Therefore, a judge cannot grant annulment without establishing at least one of the statutory grounds.

However, while “mutual consent” is not a ground in itself, spouses who are on amicable terms can cooperate to make the annulment or declaration of nullity process smoother. For instance:

Both parties can agree on facts that establish one of the valid grounds (e.g., the existence of fraud or psychological incapacity).
They may refrain from contesting each other’s evidence.
They can settle child custody and property matters amicably outside of contentious court battles.

This cooperation can make the legal process less adversarial, even though it does not constitute an independent ground for ending the marriage.

4. Grounds Often Misconstrued as “Mutual Consent”

In practice, the following ground frequently gets misconstrued or informally described as a form of “mutual consent”:

Psychological Incapacity (Article 36, Family Code)
Often used when a spouse cannot comply with the essential marital obligations due to some psychological issue. If both parties prefer to end the marriage, they sometimes “agree” that one or both is psychologically incapacitated. While mutual support in an Article 36 proceeding can speed up the case, the court still requires evidence of a genuine psychological condition preventing a spouse from fulfilling marital obligations (e.g., through expert testimony, clinical evaluation). It is not enough to say, “We both consent to end the marriage; therefore, we’re calling it psychological incapacity.”

5. Legal Requirements for an Annulment Case

Although “mutual consent” is not a legal ground, an annulment case in the Philippines follows a specific procedure laid out by law and the Rules of Court. Here is an overview:

Consult a Lawyer
- Because annulment is litigation-driven, retaining a lawyer is crucial. An experienced family law attorney will help determine the appropriate ground and the type of petition (Declaration of Nullity vs. Annulment of Voidable Marriage).
Preparation of the Petition
- Your lawyer will draft the petition, stating the ground, relevant facts, and the reliefs prayed for (e.g., custody, support, property distribution).
- Even if the spouses are cooperating, the petition must highlight which legal ground applies.
Filing of the Petition in the Regional Trial Court (RTC)
- Family courts have jurisdiction over annulment cases. The petition must be filed in the Family Court of the province or city where the petitioner or the respondent has resided for at least six months prior to filing, or in the case of a non-resident, where the petitioner actually resides.
Service of Summons
- The respondent (the other spouse) is officially served with court summons and a copy of the petition. If both parties are coordinating, the respondent can file an Answer admitting certain allegations or clarifying issues.
Pre-Trial and Trial
- The court will schedule a pre-trial to simplify issues and encourage settlement on ancillary matters (e.g., child support, custody).
- Even if uncontested, the case goes to trial because the Office of the Solicitor General (OSG) or its deputized public prosecutor represents the State to ensure there is no collusion and a valid ground exists.
Presentation of Evidence
- Petitioner must present substantial evidence to prove the chosen ground (e.g., medical or psychological reports, witness testimonies, documents).
- If the spouses are in agreement, the respondent may choose not to contest or may even present corroborating evidence.
Decision of the Court
- The judge will render a decision granting or denying the petition. This decision is then subject to automatic review by the OSG.
- If granted, the court issues a Decree of Annulment or Declaration of Nullity, which must be registered with the Civil Registry and the Philippine Statistics Authority (PSA).

6. Role of the Office of the Solicitor General (OSG)

To prevent “fake” or “collusive” annulments, Philippine law requires the OSG to represent the State in every annulment or nullity proceeding. The OSG (or public prosecutor) ensures:

There is no collusion between the parties; i.e., they have not simply fabricated grounds for convenience.
The evidence presented meets the legal standard to declare the marriage null or voidable.

Hence, even if both spouses genuinely agree on ending the marriage, the court cannot grant an annulment without ensuring a legitimate ground is proven.

7. Common Misconceptions

Annulment is Quick if the Spouses Agree
- While cooperation may speed up certain procedures, the judicial process still takes time. Typically, an annulment case can last one to two years or more, depending on court dockets and complexity of evidence.
We Can “Fake” a Ground if We Both Consent
- Courts scrutinize evidence, and the OSG is vigilant in spotting collusion. Fabricated claims risk case dismissal and potential legal sanctions for perjury.
Annulment by Mutual Agreement (No-Fault Annulment) Exists
- Philippine law does not provide an annulment solely on grounds of mutual agreement. The court must find evidence of a valid statutory ground.

8. Potential Alternatives

Because a “mutual consent annulment” ground does not exist, unhappy spouses sometimes explore other legal pathways:

Legal Separation
- This option does not dissolve the marriage bond; the spouses remain legally married and cannot remarry. However, it allows them to live separately and addresses property settlement and child custody.
Judicial Recognition of Foreign Divorce
- If one spouse is a foreigner (or later acquires foreign citizenship) and obtains a valid divorce abroad, a Filipino spouse may petition for judicial recognition of that foreign divorce in the Philippines.
House Bills or Proposed Laws
- Over the years, there have been legislative proposals to introduce divorce in the Philippines. None have been fully enacted into law as of this writing. Thus, the existing rules on annulment and nullity remain in force.

9. Practical Tips if You and Your Spouse Are in Agreement

Even though you cannot file for annulment “because” of mutual consent alone, your cooperation can still streamline the process:

Agree on Ground
- After consulting a lawyer, identify a valid ground that can be supported by evidence.
- Understand that both of you might be required to testify and provide documents.
Settle Custody, Support, and Property Issues Early
- Negotiate arrangements for child custody, support, and property division in writing.
- A well-drafted compromise agreement can be submitted to the court at the pre-trial stage.
Avoid Collusion
- While cooperating, do not fabricate evidence or collude. Provide truthful, factual testimony and documents.
Allocate Legal Costs
- Since both parties want to end the marriage, you might share the cost of the lawyer’s fees, psychological evaluations (if needed), and other expenses.
Comply with Court Dates
- Attend all hearings and conferences to avoid delays. Since you are cooperating, aim to expedite proceedings rather than cause postponements.

10. Conclusion

“Annulment based on mutual consent” does not exist as a standalone legal ground in the Philippines. The law requires a specific, provable ground to nullify or annul a marriage. Nevertheless, a couple who mutually agrees to end their marriage can make the process much more efficient by cooperating—selecting the correct ground with their lawyer’s guidance, preparing a well-supported petition, and avoiding disputes over ancillary matters like property or child custody.

Anyone considering filing for annulment is strongly advised to consult a qualified attorney. Philippine annulment cases are highly technical and can be emotionally taxing. By understanding the real grounds, legal processes, and the role of State representation via the OSG, spouses can more effectively navigate the court proceedings and, if warranted, end their marriage under the framework allowed by Philippine law.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Laws and legal procedures may change, and the outcome of any case depends on individual circumstances. Always consult a qualified Philippine family law attorney for personalized guidance.