In the legal landscape of the Philippines, there are instances where a union may be legally terminated through the court system. Since the Philippines continues to be one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is crucial for those seeking a fresh start.
Defining Annulment vs. Declaration of Nullity
Legal experts often point out the difference between an "annulment" and a "declaration of absolute nullity." According to Philippine law, an annulment refers to a marriage that was initially legal but has a flaw that makes it "voidable." On the other hand, a declaration of nullity is for marriages that were void from the beginning (void ab initio).
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Common Grounds for Annulment (Article 45)
Under Article 45 of the Family Code, a marriage may be annulled for the following reasons:
Lack of Parental Consent: When a spouse was between 18 and 21 years old and got married without the permission of their parents or guardians.
Mental Incapacity: If during the marriage ceremony, one party was of insane, unless they freely cohabited after coming to reason.
Fraudulent Consent: This involves deception regarding essential facts, such as the concealment of a drug addiction, pregnancy by another man, or a serious sexually transmissible disease.
Force, Intimidation, or Undue Influence: If the consent to marry was obtained through threats or violence.
Physical Incapacity: If either party is physically unable of engaging in sexual intercourse and the condition appears permanent.
Incurable STDs: If one party had a serious and permanent STD during the wedding.
Understanding Article 36: Psychological Incapacity
A widely utilized ground in Philippine courts is Psychological Incapacity under Article 36. While often called an annulment, this is a petition for the declaration of nullity.
It refers to a condition where a spouse is truly incapable of fulfilling the essential marital obligations. Recent jurisprudence, the Supreme Court has modified that this no longer require a clinical diagnosis of a personality disorder, but rather proof of a persistent "personality structure" that prevents a functional marriage.
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How to File for Annulment
Filing for an grounds for annulment in the philippines annulment is a lengthy process that demands the assistance of a competent lawyer.
Psychological Evaluation: In many cases, a testimony from a psychologist is used to prove the grounds.
Court Proceedings: The case must be filed in the Regional Trial Court where the parties resides.
Prosecutor's Role: The public prosecutor will investigate that no collusion exists between the spouses.
Summary
Choosing to pursue an annulment is a significant life decision. Knowing your legal options allows you to make informed choices and pursue the freedom you deserve. Consulting with a family law expert is the most effective first step toward resolving a broken marriage.