Marriage is a sacred bond, but instances where a union may be legally terminated through an annulment. Since the Philippines is currently one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is vital for those seeking a legal exit from a troubled marriage.
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 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).
+1
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.
Insanity or Unsound Mind: If during the marriage ceremony, one party was of insane, unless they continued to live together after regaining sanity.
Fraud: This involves misrepresentation regarding essential facts, such as the concealment of a drug addiction, an undisclosed pregnancy, or an incurable STD.
Coercion: If the consent to marry was obtained through threats or intimidation.
Impotence: If either party is incapable of consummating the marriage and the condition is incurable.
Serious Sexually Transmissible Disease: If one party had a serious and permanent STD during the wedding.
The Role of Psychological Incapacity (Article 36)
The most popular ground in Philippine courts 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 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.
+1
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: grounds for annulment in the philippines 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 Thoughts
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. Seeking professional legal advice is the best first step toward resolving a failed marriage.