Philippines Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Philippines.10 in-depth guides covering your rights, costs, and options.
Legal System
Civil law (influenced by Spanish and American law)
Divorce Type
NO DIVORCE — only annulment or legal separation
Waiting Period
N/A — annulment cases take 1–5+ years
Average Cost
₱200,000–₱1,000,000+ for annulment
Property System
Absolute community of property (default) or conjugal partnership
Residency
Residence in the Philippines
Divorce Law in Philippines: Overview
The Philippines is one of only two sovereign states in the world (along with Vatican City) where divorce is not legal. The only options for ending a marriage are annulment (declaration of nullity) and legal separation. Annulment requires proving specific grounds — most commonly 'psychological incapacity' under Article 36 of the Family Code — and the process typically costs ₱200,000-₱1,000,000 and takes 1-5 years. The most common ground, psychological incapacity, was broadened by the 2021 Supreme Court ruling in Tan-Andal v Andal. Muslim Filipinos can divorce under the Code of Muslim Personal Laws. A divorce bill has been debated in Congress for years but has not been enacted.
Key Legislation
Family Code of the Philippines (1987)
Governs marriage, annulment, and legal separation. No divorce provision.
Article 36: Psychological Incapacity
Most commonly used ground for annulment. Broadened by Tan-Andal (2021).
Code of Muslim Personal Laws (PD 1083)
Allows divorce for Muslim Filipinos.
RA 9262 (Anti-Violence Against Women and Their Children Act)
Protection orders for domestic violence.
Grounds for Divorce
- ●Annulment: lack of parental consent (if underage), insanity, fraud, force/intimidation, impotence, STD
- ●Declaration of nullity: psychological incapacity (Art. 36), bigamy, mistake in identity
- ●Legal separation: repeated physical violence, drug addiction, homosexuality, abandonment, infidelity
- ●Muslim Filipinos: talaq, khula, or judicial divorce under Code of Muslim Personal Laws
How to Divorce in Philippines: Step-by-Step
Hire a lawyer
Annulment is a complex legal proceeding — lawyer required.
File petition
At the Regional Trial Court. Must prove specific grounds.
Psychological assessment
For Art. 36 cases: expert witness must testify on psychological incapacity.
Office of the Solicitor General
Government lawyer may oppose the annulment to ensure it's not collusive.
Trial
Full court trial with evidence, witnesses, and expert testimony.
Decision and registration
If granted, court orders civil registry annotation. Process takes 1-5+ years.
Recent Legal Reforms
Tan-Andal v Andal: Supreme Court broadened psychological incapacity — no longer requires clinical diagnosis.
Divorce bill debated in Congress — not yet enacted.
What Makes Philippines Divorce Unique
- →One of only TWO countries in the world without divorce (with Vatican City)
- →Annulment is the only way to 'end' a marriage — legal separation doesn't dissolve it
- →Psychological incapacity: unique Filipino legal concept not found in other legal systems
- →Muslim Filipinos CAN divorce under separate religious law
- →Annulment costs ₱200,000-₱1,000,000+ — effectively unaffordable for many Filipinos
- →Divorce bill has been pending in Congress for over 20 years
Philippines Divorce Statistics
~10,000 (estimated)
Annulments per year
₱200,000-₱1,000,000+
Average cost
1-5 years
Average duration
Extremely rare
Legal separations
Philippines Divorce Guides
Philippines Property Division
How assets and debts are divided
Philippines Spousal Support
Maintenance and alimony
Philippines Child Custody
Custody and parenting arrangements
Philippines Divorce Process & Timeline
Steps and how long it takes
Philippines Divorce Costs
Fees, costs, and legal aid
Philippines Child Support
Financial support for children
Philippines Uncontested Divorce
When both spouses agree
Philippines Divorce Mediation
Alternative dispute resolution
Philippines Divorce & Taxes
Tax implications of divorce
Philippines Domestic Violence & Divorce
Safety and legal protections
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Legal Disclaimer: This article covers Philippines divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Philippines for advice specific to your situation.