Marriage is a sacred bond, but instances where a union may be legally terminated through specific legal processes. Since the Philippines is currently one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is essential for those seeking a legal exit from a troubled marriage.
The Legal Distinction Between Annulment and 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 defect that makes it "voidable." On the other hand, a declaration of nullity applies to marriages that were never legally valid to start with.
+1
Primary 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.
Insanity or Unsound Mind: If at the time of the wedding, one party was of insane, unless they continued to live together after regaining sanity.
Fraudulent Consent: This involves misrepresentation regarding critical matters, such as the hiding of a criminal record, an undisclosed pregnancy, or a serious sexually transmissible disease.
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.
The Role of Psychological Incapacity (Article 36)
A widely utilized 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 modified that this does not necessarily 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.
+1
What to Expect During the Process
Filing for an annulment is a lengthy 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.
Summary
Choosing to pursue an annulment is a significant life decision. Knowing your legal options allows you to protect your rights and pursue the freedom you deserve. Seeking professional legal advice is the most effective first step toward resolving a failed grounds for annulment in the philippines marriage.