Annulment of Marriage in the Philippines: An Overview

Query: How can one obtain an annulment of marriage in the Philippines, and what are the associated costs and requirements?

Annulment of marriage in the Philippines is a legal procedure that declares a marriage null and void as if it never took place. Unlike divorce, which dissolves a valid marriage, annulment establishes that the marriage was invalid from the start. Here, we will discuss the grounds for annulment, the process involved, and the costs associated with it.

Grounds for Annulment

Under Philippine law, the grounds for annulment of marriage are specified in Article 45 of the Family Code. These grounds must exist at the time of marriage and include:

1. Lack of Parental Consent: If either party is between 18 and 21 years old and did not obtain parental consent.
2. Psychological Incapacity: This refers to a mental condition that renders a spouse unable to comply with the essential marital obligations.
3. Fraud: If the consent to marry was obtained through fraud, such as misrepresentation about chastity, pregnancy by another man, sexually transmitted diseases, or criminal record.
4. Force, Intimidation, or Undue Influence: If one party was forced or intimidated into the marriage.
5. Impotence: If either party was physically incapable of consummating the marriage and the incapacity continues and appears to be incurable.
6. Sexually Transmissible Disease: If one party has a sexually transmissible disease found to be serious and appears to be incurable.

Annulment Process

The annulment process in the Philippines involves several steps:

1. Consultation with a Lawyer: The first step is to consult a lawyer who will evaluate the grounds for annulment and guide the parties through the legal process.
2. Filing a Petition: The lawyer will draft and file a petition for annulment in the Regional Trial Court. This petition outlines the grounds for annulment and includes supporting evidence.
3. Court Proceedings: The court will review the petition and conduct hearings. Both parties may be required to present evidence and testify.
4. Psychological Evaluation: For cases involving psychological incapacity, a psychological evaluation of both parties may be required.
5. Decision: After evaluating the evidence, the court will issue a decision. If the court grants the annulment, it will declare the marriage null and void.
6. Civil Registrar: The court's decision must be registered with the Civil Registrar to update the marital status of the parties.

Costs of Annulment

The cost of an annulment can vary significantly depending on the complexity of the case, the lawyer's fees, and other associated expenses. Typical costs include:

1. Lawyer's Fees: Legal fees can range from PHP 100,000 to PHP 500,000 or more, depending on the lawyer's experience and the case's complexity.
2. Filing Fees: Court filing fees are usually between PHP 5,000 and PHP 10,000.
3. Psychological Evaluation: Fees for psychological evaluation can range from PHP 20,000 to PHP 50,000.
4. Miscellaneous Expenses: These may include costs for documentary requirements, transportation, and other administrative expenses.

Conclusion

Annulment of marriage in the Philippines is a legally complex and often costly process. It requires a thorough understanding of the legal grounds and substantial financial resources. While the process may be challenging, it is essential for individuals seeking to declare their marriage void to understand the steps involved and prepare for the associated expenses. Consulting with a knowledgeable lawyer can provide guidance and support throughout the annulment proceedings.