In the legal landscape of the Philippines, there are instances where a union may be dissolved through specific legal processes. Since the Philippines continues to be one of the few countries without a general divorce law, understanding the grounds for annulment in the Philippines is crucial for those seeking a way to nullify their union.
Annulment vs. Nullity: Knowing the Difference
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 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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The Legal Grounds for Annulment (Article 45)
There are several legal bases for a petition for annulment, including:
Lack of Parental Consent: If either party was between 18 and 21 years old and got married without the permission of their parents or guardians.
Mental Incapacity: If at the time of the wedding, one party was of unsound mind, unless they freely cohabited after coming to reason.
Fraudulent Consent: This involves deception regarding critical matters, such as the hiding of a grounds for annulment in the philippines 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.
Physical Incapacity: If either party is incapable of engaging in sexual intercourse and the condition appears permanent.
Serious Sexually Transmissible Disease: If a spouse 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. Technically, 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 prevents 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 qualified lawyer.
Expert Assessment: Especially for Article 36 petitions, a testimony from a psychologist is helpful to prove the grounds.
Court Proceedings: The petition must be filed in the Regional Trial Court where the parties resides.
Government Involvement: The public prosecutor will ensure that no secret agreement exists between the spouses.
Summary
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 need. Seeking professional legal advice is the best first step toward resolving a failed marriage.