Marriage is a sacred bond, but instances where a union may be legally terminated through specific legal processes. 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 way to nullify their union.
Annulment vs. Nullity: Knowing the Difference
Before diving into the grounds, it is important to distinguish between an "annulment" and a "declaration of absolute nullity." Legally speaking, an annulment refers to a marriage that was valid at the start 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)
The law provides six specific grounds for voiding a marriage:
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.
Insanity or Unsound Mind: If during the marriage ceremony, 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 concealment of a drug addiction, pregnancy by another man, or an incurable STD.
Coercion: If the consent to marry was obtained through threats or violence.
Physical Incapacity: If either party is incapable of engaging in sexual intercourse and the condition appears permanent.
Serious Sexually Transmissible Disease: If a spouse had a serious and incurable STD at the time of the marriage.
Understanding Article 36: Psychological Incapacity
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. Recent jurisprudence, the Supreme Court has clarified that this does grounds for annulment in the philippines 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 need. Consulting with a family law expert is the best first step toward resolving a failed marriage.