A bigamous marriage is void from the start, so the proper remedy is a petition for declaration of absolute nullity rather than an annulment, and it typically costs less than other nullity cases because no psychologist or expert witness is required — total costs commonly land in the low-to-mid six figures in pesos once lawyer’s fees, court costs, and PSA/civil registry annotation after the decree are added up, though the exact amount depends heavily on the lawyer, the court, and how contested the case becomes.
People searching for the “cost of annulling” a bigamous marriage are usually dealing with a marriage entered into while one of the parties was still validly married to someone else. Getting the terminology right matters here, because it changes both the legal strategy and, to some extent, the cost.
Annulment or Nullity? Getting the Term Right
Under Article 35(4) of the Family Code, a marriage contracted while a previous marriage is still subsisting is void from the beginning — it is not merely voidable. “Annulment” technically refers to voidable marriages (for example, one obtained through fraud or lack of parental consent), which are valid until a court annuls them. A bigamous marriage never had legal effect in the first place, so the correct remedy is a petition for declaration of absolute nullity of marriage. In everyday conversation, and even in casual legal shorthand, people still call this “annulment,” so this article uses both terms, but the distinction is worth knowing because it affects the pleadings your lawyer drafts and the evidence the court will expect.
Even though the marriage is void by operation of law, Article 40 of the Family Code requires a final judicial declaration of nullity before either party can validly remarry, and courts and government agencies will generally insist on that court decree before they treat the bigamous marriage as a nullity for any official purpose — correcting the PSA marriage record, settling property, or establishing a party’s civil status for remarriage.
Why Bigamy Cases Typically Cost Less Than Other Nullity Cases
The single biggest cost driver in most Philippine marriage cases — petitions grounded on psychological incapacity under Article 36 — is the psychologist or psychiatrist: clinical interviews, testing, a written report, and expert testimony in court. A bigamy-based nullity case does not need any of that. The core evidence is documentary and comparatively simple to gather:
- A certified copy of the first (earlier) marriage certificate, showing it predates the second;
- A certified copy of the second (bigamous) marriage certificate;
- Proof that the first marriage was still subsisting at the time the second was contracted — i.e., that it had not been annulled, judicially declared void, or dissolved through the death of a spouse before the second marriage took place; and
- Testimony, usually from the petitioner and any corroborating witnesses, establishing these facts.
Because the elements are narrower and the evidence is largely documentary, bigamy cases tend to move faster and require fewer expert fees than psychological-incapacity cases, which is the main reason total cost usually comes in lower.
Who Can File the Petition
Under the procedural rules governing nullity and annulment cases, a petition for declaration of absolute nullity of marriage may only be filed by the husband or the wife — not by a parent, a sibling, the Solicitor General on its own initiative, or any other interested party. In a bigamy situation, this generally means either party to the second (bigamous) marriage can bring the case, and the first spouse may have separate remedies available as well depending on the facts, though the standing question is fact-dependent enough that it is worth confirming with counsel before filing rather than assuming who is entitled to bring it.
Breaking Down the Total Cost
Lawyer’s Fees
This is normally the largest line item. Rates vary widely by lawyer, region, and how contested the case is — whether the respondent participates, whether the public prosecutor or the Office of the Solicitor General actively investigates for possible collusion (as they are required to do in nullity cases), and how many hearing dates the case requires. Expect professional fees to be quoted either as a flat package covering the petition through decision, or as acceptance plus per-appearance fees; either way, get the fee arrangement in writing before the case starts.
Court Filing Fees and Incidental Court Costs
The petition is filed with the Regional Trial Court, Family Court branch, in the province or city where either spouse has resided for the period the rules require before filing. Filing fees are set under the Rules of Court and scale in part with the case; on top of the base filing fee, expect incidental charges such as sheriff’s fees for serving summons (which can be more involved and costlier if the respondent’s whereabouts are unknown and substituted or publication service becomes necessary) and fees for certified copies of the eventual decision.
Documentary Costs
Certified true copies of both marriage certificates from the Philippine Statistics Authority (PSA), a Certificate of No Marriage (CENOMAR) where relevant, and other supporting civil registry documents each carry their own PSA request fees, which are modest individually but add up across multiple documents and multiple copies.
PSA and Civil Registry Annotation After the Decree
Winning the case is not the end of the process. Once the decision becomes final, you generally need to: (1) secure a Certificate of Finality from the court, (2) have the decision and certificate registered with the Local Civil Registrar where the marriage was recorded, and (3) have the marriage record forwarded to and annotated by the PSA so that future certified copies of the marriage certificate reflect the nullity. Local civil registry annotation fees are modest on their own, but the PSA forwarding-and-annotation cycle has historically taken several months to complete in the ordinary course, longer in some provincial registries, so budget time as well as money for this step.
What to Gather Before You Meet Your Lawyer
Coming to the first consultation with documents already in hand can meaningfully shorten both the timeline and the cost, since much of the early legal work otherwise goes into simply requesting records. Useful documents to have ready include: PSA-certified copies of both marriage certificates, proof of the parties’ residence history (useful for establishing where to file), the CENOMAR of the party who contracted the second marriage, and any documents bearing on whether the first marriage was ever terminated by annulment, nullity, or the death of a spouse before the second marriage took place. Having this on hand does not replace legal advice on strategy, but it does mean the first meeting can focus on strategy rather than a document hunt.
What Can Make a Bigamy Nullity Case More Expensive
- An uncooperative or missing respondent. If the second spouse cannot be located, service of summons by publication adds newspaper costs and time.
- Contested facts. If the respondent disputes the timeline of the marriages, or claims the first marriage was itself invalid or already dissolved, the case stops being a straightforward documentary matter and starts requiring more hearings and possibly additional evidence.
- Property and custody issues. If there are children or shared property from the bigamous union, resolving those questions alongside the nullity petition adds scope and, usually, cost.
- A related criminal case. Bigamy is also a crime under the Revised Penal Code, and a separate criminal complaint running in parallel means separate representation and separate costs.
Realistic Timeline
Because a bigamy nullity case does not require expert psychological testimony, it is often — though not always — faster than a psychological-incapacity case, but “faster” in Philippine family court practice is relative. Court dockets, how quickly the respondent is served, whether the Office of the Solicitor General or the public prosecutor raises questions during the collusion investigation, and how many hearing dates get scheduled and rescheduled all affect the actual timeline more than the legal complexity of the case itself. Petitioners should budget for a process that, realistically, is measured in months at the fastest and can extend well past a year if any step is contested or delayed, with the PSA annotation step adding further time after the court case itself is resolved.
Criminal Exposure: Bigamy Is Also a Crime
Contracting a bigamous marriage can expose the person who did so to criminal liability for bigamy, which carries a prison sentence if proven. The Supreme Court has clarified in recent jurisprudence that a void-from-the-start first marriage can be raised as a defense to a bigamy charge even without a prior judicial declaration of nullity, provided the accused can establish that voidness through evidence — but that is a defense in a criminal case, a different proceeding with a different burden of proof from the civil nullity petition discussed above, and a civil nullity decree does not automatically dismiss a pending criminal complaint. Anyone facing both a civil nullity question and potential criminal exposure over the same bigamous marriage should treat them as related but separate matters requiring coordinated legal strategy.
Frequently Asked Questions
Is a bigamous marriage automatically void, or do I still need to go to court? It is void from the beginning by operation of law under Article 35(4) of the Family Code, but Article 40 still requires a final court declaration before either party can validly remarry or before agencies will treat the marriage as void for official purposes like PSA record correction.
Who can file the petition to declare a bigamous marriage void? Generally, it is the husband or wife to the marriage in question who files the petition; the specific procedural rules on standing should be confirmed with your lawyer, since they affect who may properly bring the case.
Does getting the nullity decree erase a pending bigamy criminal case? No. The civil nullity petition and a criminal bigamy complaint are separate proceedings with separate standards of proof, and a civil decree does not automatically dismiss a pending criminal case, though it can be strong supporting evidence.
How long does the whole process take, from filing to an updated PSA marriage certificate? The court case itself can take roughly a year or more depending on the court’s docket and whether the respondent contests it, and the post-decision PSA annotation step has historically added several more months on top of that.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.