While marriage is often seen as a lifelong commitment, there are instances where a union may be legally terminated through the court system. Since the Philippines remains one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is essential 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 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 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:
Absence of Parental Permission: When a spouse 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 continued to live together after coming to reason.
Fraud: This involves deception regarding essential facts, such as the hiding of a criminal record, an undisclosed pregnancy, or an incurable STD.
Force, Intimidation, or Undue Influence: If the consent to marry was forced or intimidation.
Impotence: If either party is physically unable of consummating the marriage and the condition appears permanent.
Incurable STDs: If one party had a serious and incurable STD at the time of the marriage.
Psychological Incapacity: The Most Common Ground
A widely utilized ground for ending a marriage is Psychological Incapacity under Article 36. Technically, this is a petition for the declaration of nullity.
It refers to a condition where a spouse is truly incapable of fulfilling the duties of marriage. Following the landmark Tan-Andal v. Andal ruling in 2021, the Supreme Court has modified that this no longer require a medical diagnosis of a personality disorder, but rather proof of a durable "personality structure" that prevents a functional marriage.
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The Legal Process and Requirements
Filing for an annulment is a complex process that demands the assistance of a competent lawyer.
Expert Assessment: Especially for Article 36 petitions, a testimony from a psychologist is helpful to prove the grounds.
Court Proceedings: The petition must be filed in the Regional Trial Court where the parties resides.
Government Involvement: The public prosecutor will ensure that no secret agreement exists between the spouses.
Final grounds for annulment in the philippines Thoughts
Choosing to pursue an annulment is a major life decision. Knowing your legal options allows you to protect your rights and seek the legal relief you deserve. Consulting with a family law expert is the best first step toward resolving a failed marriage.