Marriage is a sacred bond, but instances where a union may be legally terminated through the court system. 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 vital for those seeking a legal exit from a troubled marriage.
The Legal Distinction Between Annulment and Nullity
Before diving into the grounds, it is important to distinguish between an "annulment" and a "declaration of absolute nullity." Under the Family Code of the Philippines, 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 never legally valid to start with.
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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:
Lack of Parental Consent: If either party was between 18 and 21 years old and got married without the consent of their parents or guardians.
Insanity or Unsound Mind: If at the time of the wedding, one party was of unsound mind, unless they continued to live together after regaining sanity.
Fraud: This involves misrepresentation regarding critical matters, such as the hiding of a criminal record, an undisclosed pregnancy, or an incurable STD.
Coercion: If the agreement to the union was obtained through threats or intimidation.
Physical Incapacity: If either party is physically unable of engaging in sexual intercourse and the condition appears permanent.
Serious Sexually Transmissible Disease: If one party had a serious and incurable STD during the wedding.
Psychological Incapacity: The Most Common Ground
A widely utilized ground in Philippine courts 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 complying with the duties of marriage. Following the landmark Tan-Andal v. Andal ruling in 2021, the Supreme Court has modified that this no longer require a medical diagnosis of a personality disorder, but rather proof of a persistent "personality structure" that prevents a functional marriage.
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The Legal Process and Requirements
Filing for an annulment is a complex process that requires the assistance of a competent lawyer.
Psychological Evaluation: In many cases, a testimony from a psychologist is helpful to prove the grounds.
Petition Filing: The case must be filed in the Family Court where the petitioner or respondent resides.
Prosecutor's Role: The Office of the Solicitor General will investigate that no collusion exists between the spouses.
Final Thoughts
Choosing to pursue an annulment is a significant life decision. By understanding Article 45 and Article 36, allows you to make informed choices and grounds for annulment in the philippines seek the legal relief you deserve. Consulting with a family law expert is the best first step toward resolving a failed marriage.