In the legal landscape of the Philippines, there are instances where a union may be legally terminated 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 vital for those seeking a way to nullify their union.
The Legal Distinction Between Annulment and Nullity
To understand the process, one must first differentiate between an "annulment" and a "declaration of absolute nullity." Under the Family Code of the Philippines, an annulment refers to a marriage that was initially legal 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)
Under Article 45 of the Family Code, a marriage may be annulled for the following reasons:
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.
Insanity or Unsound Mind: If during the marriage ceremony, one party was of insane, unless they continued to live together after regaining sanity.
Fraud: This involves misrepresentation regarding critical matters, such as the concealment of a drug addiction, pregnancy by another man, or an incurable STD.
Coercion: If the agreement to the union was forced or violence.
Physical Incapacity: If either party is physically unable of consummating the marriage and the condition is incurable.
Incurable STDs: If one party had a serious and permanent STD during the wedding.
Understanding Article 36: Psychological Incapacity
A widely utilized ground in Philippine courts 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 utterly incapable of fulfilling the duties of marriage. Recent jurisprudence, the Supreme Court has clarified that this does not necessarily require a clinical diagnosis of a personality disorder, but rather proof of a durable "personality structure" that makes it impossible to grounds for annulment in the philippines sustain a functional marriage.
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What to Expect During the Process
The legal journey for an annulment is often a complex process that demands the assistance of a skilled lawyer.
Psychological Evaluation: Especially for Article 36 petitions, a testimony from a psychologist is helpful to prove the incapacity.
Petition Filing: The case must be filed in the Regional Trial Court where the parties resides.
Prosecutor's Role: The public prosecutor will ensure that no collusion exists between the spouses.
Conclusion
Choosing to pursue an annulment is a significant life decision. By understanding Article 45 and Article 36, allows you to protect your rights and pursue the freedom you deserve. Consulting with a family law expert is the most effective first step toward resolving a broken marriage.