Filing for an Uncontested Annulment in the Philippines

Query: Can Filipino citizens who married in America and never cohabitated seek an uncontested annulment in the Philippines?

In the Philippines, annulment is a legal process that declares a marriage null and void as if it never existed. For Filipino citizens married abroad who wish to annul their marriage, it is crucial to understand the legal grounds and procedures for annulment in the Philippines.

Grounds for Annulment

Under the Family Code of the Philippines, there are specific grounds for annulment. These include:

1. Lack of Parental Consent: If either party was 18 years old but below 21 and married without parental consent, the marriage may be annulled, provided the petition is filed within five years after reaching the age of 21.
2. Psychological Incapacity: If one or both spouses are psychologically incapacitated to comply with the essential marital obligations, the marriage can be annulled. This ground requires expert testimony and is a common basis for annulment in the Philippines.
3. Fraud: If the consent to marry was obtained through fraud, the marriage can be annulled. This must be proven in court.
4. Force, Intimidation, or Undue Influence: If consent was obtained through force or intimidation, the marriage can be annulled.
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 either party was afflicted with a sexually transmissible disease found to be serious and appears to be incurable.

Uncontested Annulment

An uncontested annulment implies that both parties agree to the annulment and there are no disputes regarding the grounds or terms of the annulment. This can simplify the process, but it must still go through the proper legal channels.

Steps to File for Annulment

1. Hire a Lawyer: Given the complexity of annulment cases, it is advisable to hire a lawyer who specializes in family law.
2. File the Petition: The petition for annulment must be filed in the Family Court of the province or city where the petitioner or the respondent has been residing for at least six months prior to the filing.
3. Submit Evidence: Evidence supporting the grounds for annulment must be presented. This can include psychological evaluations, witness testimonies, and other relevant documentation.
4. Court Proceedings: The court will schedule hearings where both parties can present their case. Even if the annulment is uncontested, the court will still evaluate the evidence to ensure it meets the legal grounds for annulment.
5. Decision: If the court finds the grounds for annulment valid, it will issue a decree of annulment. This decree must be registered with the Civil Registrar to update the marital status of both parties.

Special Considerations for Marriages Abroad

For Filipino citizens married abroad, the Philippine court can annul the marriage if both parties were Filipino citizens at the time of the marriage. If one party is no longer a Filipino citizen, jurisdictional issues may arise, and it may be necessary to consult with a lawyer to navigate these complexities.

Conclusion

While an uncontested annulment can be more straightforward than a contested one, it still requires careful adherence to legal procedures and the presentation of valid grounds for annulment. Filipino citizens married abroad, such as in America, can seek an annulment in the Philippines, provided they meet the legal requirements and follow the proper process. Legal counsel is essential to ensure that the annulment is handled correctly and efficiently.