Marriage is a sacred bond, but instances where a union may be dissolved 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
To understand the process, one must first differentiate between an "annulment" and a "declaration of absolute nullity." Legally speaking, an annulment refers to a marriage that was initially legal but has a flaw that makes it "voidable." On the other hand, a declaration of nullity applies to marriages that were void from the beginning (void ab initio).
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The Legal Grounds for Annulment (Article 45)
There are several legal bases for a petition for annulment, including:
Absence of Parental Permission: When a spouse 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 regaining sanity.
Fraud: This involves misrepresentation regarding essential facts, such as the hiding of a criminal record, pregnancy by another man, or a serious sexually transmissible disease.
Force, Intimidation, or Undue Influence: If the agreement to the union was obtained through grounds for annulment in the philippines threats or violence.
Physical Incapacity: If either party is physically unable of engaging in sexual intercourse and the condition is incurable.
Incurable STDs: If one party had a serious and incurable STD during the wedding.
Understanding Article 36: Psychological Incapacity
Perhaps the most frequently used 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.
This ground involves a condition where a spouse is truly incapable of fulfilling 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 medical diagnosis of a personality disorder, but rather proof of a durable "personality structure" that makes it impossible to sustain a functional marriage.
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How to File for Annulment
The legal journey for an annulment is often a complex process that demands the assistance of a skilled lawyer.
Psychological Evaluation: In many cases, a psychological report is used to prove the incapacity.
Petition Filing: The case must be filed in the Regional Trial Court where the parties resides.
Government Involvement: The Office of the Solicitor General will ensure that no collusion exists between the spouses.
Final Thoughts
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 deserve. Seeking professional legal advice is the most effective first step in resolving a failed marriage.