In the legal landscape of the Philippines, there are instances where a union may be severed through specific legal processes. Since the Philippines remains one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is crucial for those seeking a legal exit from a troubled marriage.
The Legal Distinction Between Annulment and Nullity
Before diving into the grounds, it is important to distinguish between an "annulment" and a "declaration of absolute nullity." According to Philippine law, an annulment refers to a marriage that was valid at the start but has a defect that makes it "voidable." On the other hand, a declaration of nullity is for marriages that were never legally valid to start with.
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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: If either party was between 18 and 21 years old and got married without the consent 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 hiding of a criminal record, an undisclosed pregnancy, or a serious sexually transmissible disease.
Coercion: If the agreement to the union was obtained through threats or violence.
Impotence: If either party is incapable of engaging in sexual intercourse and the condition is incurable.
Serious Sexually Transmissible Disease: If a spouse had a serious and permanent STD at the time of the marriage.
The Role of Psychological Incapacity (Article 36)
Perhaps the most frequently used ground for ending a marriage is Psychological Incapacity under Article 36. While often called an annulment, this is a petition for the declaration of nullity.
This ground involves a condition where a spouse is utterly incapable of complying with the duties of marriage. Recent jurisprudence, the Supreme Court has clarified that this no longer require a medical diagnosis of a personality disorder, but rather proof of a durable "personality structure" that makes it impossible to sustain a functional marriage.
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How grounds for annulment in the philippines to File for Annulment
Filing for an annulment is a rigorous process that requires the assistance of a qualified lawyer.
Psychological Evaluation: In many cases, a testimony from a psychologist is helpful to prove the incapacity.
Court Proceedings: The case must be filed in the Regional Trial Court where the petitioner or respondent resides.
Prosecutor's Role: The public prosecutor will investigate that no secret agreement exists between the spouses.
Final Thoughts
Navigating the grounds for annulment in the Philippines is a major life decision. By understanding Article 45 and Article 36, allows you to protect your rights and seek the legal relief you deserve. Consulting with a family law expert is the most effective first step toward resolving a broken marriage.