While marriage is often seen as a lifelong commitment, there are instances where a union may be severed 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.
Defining Annulment vs. Declaration of Nullity
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).
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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 unsound mind, 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 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 permanent 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 grounds for annulment in the philippines refers to a condition where a spouse is utterly incapable of fulfilling the duties of marriage. 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 need. Seeking professional legal advice is the most effective first step in resolving a broken marriage.