What is Annulment?
Annulment is a legal process that declares a valid marriage void, effectively treating it as if it never existed from the moment the court makes its decision.
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In the Philippines,
where divorce remains unavailable, annulment has become the primary way couples can legally end their marriages.
The journey involves filing court petitions, undergoing psychological evaluations, and presenting evidence before a judge. When this process is completed, both parties revert to their single status and are free to remarry.
Legal Grounds of Annulment
The law recognizes several grounds for annulment:
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Refers to a serious psychological disorder or condition that makes a person incapable of fulfilling essential marital obligations. The incapacity must have existed at the time of marriage, be medically identified with detailed testimony about its root cause, be grave enough to prevent fulfilling duties, and be incurable. This requires expert opinions from psychologists or psychiatrists and is the most commonly cited ground, though also one of the most difficult and expensive.
Fraud involves the deceit or misrepresentation of significant information before or during marriage. Specific grounds include: non-disclosure of a previous criminal conviction involving moral turpitude, concealment by the wife of pregnancy by another man, concealment of a sexually transmissible disease, and concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of marriage. The breach of trust inherent in fraud cases critically undermines marital stability.
This ground applies when one party was coerced into marriage through actual physical harm, threats, or psychological pressure that removed their free consent. It differs from fraud in that the person knows they don't want to marry but is compelled to do so. Petitioners must present convincing evidence like testimonies or documented threats to prove lack of genuine consent. This is particularly important in cases involving abusive or controlling relationships.
When one or both parties were between 18 and 21 years old at the time of marriage and wed without the required consent from their parents or legal guardians. The petition must be filed within five years after the concerned party reaches age 21, unless the couple has lived together as husband and wife after turning 21, which would ratify the marriage. This ground protects young adults from premature or ill-advised marital decisions.
Impotence refers to the permanent inability of a partner to engage in sexual intercourse. This ground is invalid if the condition was known before marriage or if it's temporary and curable. It requires medical documentation, expert testimony, and a medical certificate proving the impotence is permanent and existed at the time of marriage. This addresses the traditional expectation that procreation and sexual fulfillment are essential components of marriage.
If one spouse had a serious and incurable sexually transmitted disease at the time of marriage, and this condition was concealed or unknown to the other party when they gave consent, it can serve as grounds for annulment. The disease must be: existing when the marriage took place, considered serious or incurable, and hidden or not known by the petitioning spouse. This ground addresses both health risks and trust violations in marriage.
Understanding Annulment
Gain a clear understanding of the annulment process in the Philippines with this easy-to-follow guide. Learn the legal steps, requirements, and key considerations involved in declaring a marriage null and void. This brochure provides essential information to help you navigate annulment with clarity and confidence.
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