Annulment in the Philippines is one of the most complex and emotionally challenging legal processes a person can undergo. Unlike divorce, which is not recognized in the Philippines, annulment requires proving that the marriage was voidable from the beginning due to specific legal grounds.
Grounds for Annulment
Under the Family Code of the Philippines, a marriage may be annulled on the following grounds:
- **Lack of Parental Consent** - When one party was between 18 and 21 years old and married without parental consent
- **Insanity** - When one party was of unsound mind at the time of marriage
- **Fraud** - When consent was obtained through fraud
- **Force, Intimidation, or Undue Influence** - When consent was obtained through these means
- **Physical Incapacity** - Incapable of consummating the marriage
- **Sexually Transmissible Disease** - One party was afflicted with a serious and incurable STD
Declaration of Nullity (Article 36)
Many Filipinos pursue a Declaration of Nullity under Article 36 of the Family Code, which covers **psychological incapacity**. This is different from annulment in that it declares the marriage void from the beginning.
To succeed in an Article 36 case, you must prove that: - The psychological incapacity existed at the time of marriage - It is grave and serious - It is incurable - It makes the party incapable of fulfilling essential marital obligations
The Process
The annulment process typically takes 2-4 years and involves:
- Filing of petition
- Prosecutor's investigation
- Pre-trial conference
- Trial proper (presentation of evidence)
- Psychological evaluation
- Decision
Important Considerations
- Annulment does not affect the legitimacy of children - Property relations must be liquidated - Both parties may remarry after the decision becomes final
If you're considering annulment, it's crucial to consult with an experienced family law attorney who can evaluate your specific situation and guide you through this complex process.
Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. The information provided may not apply to your specific situation. For advice on your particular circumstances, please schedule a consultation with one of our attorneys.