While marriage is often seen as a lifelong commitment, there are instances where a union may be severed through the court system. Since the Philippines remains one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is crucial for those seeking a fresh start.
Defining Annulment vs. Declaration of Nullity
Legal experts often point out the difference 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 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: If either party was between 18 and 21 years old and got married without the permission 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 misrepresentation regarding essential facts, such as the concealment of a drug addiction, pregnancy by another man, or an incurable STD.
Coercion: If the consent to marry was forced or intimidation.
Physical Incapacity: If either party is incapable of consummating the marriage and the condition appears permanent.
Serious Sexually Transmissible Disease: If one party had a serious and incurable STD during the wedding.
Understanding Article 36: Psychological Incapacity
The most popular ground for ending a marriage is Psychological Incapacity under Article 36. While often called an annulment, this is a petition for the declaration of nullity.
It refers to a condition where a spouse is utterly incapable of complying with the duties of marriage. Following the landmark Tan-Andal v. Andal ruling in 2021, the Supreme Court has clarified that this no longer require a clinical diagnosis of a personality disorder, but rather proof of a persistent "personality structure" that prevents a functional marriage.
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What to Expect During the Process
Filing for an annulment is a rigorous process that requires the assistance of a skilled lawyer.
Expert Assessment: Especially for Article 36 petitions, a testimony from a psychologist is used to prove the grounds.
Petition Filing: The petition must be filed in the Family Court where the parties resides.
Prosecutor's Role: The public prosecutor will investigate that no collusion exists between the spouses.
Final Thoughts
Choosing to grounds for annulment in the philippines 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.