Marriage is a sacred bond, but instances where a union may be legally terminated through an annulment. Since the Philippines remains one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is vital for those seeking a fresh start.
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)
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 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, pregnancy by another man, or a serious sexually transmissible disease.
Coercion: If the agreement to the union was obtained through threats or violence.
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.
Psychological Incapacity: The Most Common Ground
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. Recent jurisprudence, the Supreme Court has modified 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 lengthy process that demands the assistance of a competent lawyer.
Psychological Evaluation: Especially for Article 36 petitions, a psychological report is helpful to prove the incapacity.
Court Proceedings: The case must be filed in the Regional Trial Court grounds for annulment in the philippines where the petitioner or respondent resides.
Government Involvement: The Office of the Solicitor General will investigate that no secret agreement exists between the spouses.
Conclusion
Choosing to pursue an annulment is a significant life decision. Knowing your legal options allows you to make informed choices and pursue the freedom you deserve. Seeking professional legal advice is the best first step in resolving a failed marriage.