Marriage is a sacred bond, but 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.
The Legal Distinction Between Annulment and Nullity
To understand the process, one must first differentiate between an "annulment" and a "declaration of absolute nullity." Under the Family Code of the Philippines, an annulment refers to a marriage that was initially legal but has a defect that makes it "voidable." On the other hand, a declaration of nullity applies to marriages that were never legally valid to start with.
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Primary Grounds for Annulment (Article 45)
There are several legal bases for a petition for annulment, including:
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.
Insanity or Unsound Mind: If at the time of the wedding, one party was of insane, unless they freely cohabited after regaining sanity.
Fraudulent Consent: This involves misrepresentation regarding critical matters, such as the hiding of a criminal record, pregnancy by another man, or a serious sexually transmissible disease.
Coercion: If the agreement to the union was forced or violence.
Physical Incapacity: If either party is physically unable of engaging in sexual intercourse and the condition is incurable.
Incurable STDs: If a spouse had a serious and permanent STD at the time of the marriage.
Understanding Article 36: Psychological grounds for annulment in the philippines Incapacity
Perhaps the most frequently used ground in Philippine courts is Psychological Incapacity under Article 36. Technically, this is a petition for the declaration of nullity.
This ground involves a condition where a spouse is truly incapable of fulfilling the essential marital obligations. Recent jurisprudence, the Supreme Court has clarified that this does not necessarily require a clinical diagnosis of a personality disorder, but rather proof of a durable "personality structure" that prevents a functional marriage.
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How to File for Annulment
The legal journey for an annulment is often a rigorous process that demands the assistance of a qualified 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.
Summary
Choosing to pursue an annulment is a major life decision. Knowing your legal options allows you to protect your rights and pursue the freedom you deserve. Consulting with a family law expert is the best first step toward resolving a failed marriage.