How to File for Annulment in Cases of Void Marriage and Infidelity

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws and their interpretations change over time, and individual circumstances can vary widely. For advice on your specific situation, consult a qualified attorney in the Philippines.

1. Introduction

In the Philippines, marriage is governed by the Family Code (Executive Order No. 209). While the law upholds the sanctity and permanence of marriage, there are circumstances under which a marriage can be declared void from the start or can be annulled. This article covers:

  • The distinction between void and voidable (annullable) marriages,
  • Grounds that render a marriage void or voidable,
  • How infidelity may (or may not) factor into proceedings, and
  • The procedural steps involved in filing a petition for declaration of nullity (void marriage) or annulment (voidable marriage).

Understanding these concepts is crucial if you are contemplating legal action to end a marriage under Philippine law.

2. Void vs. Voidable (Annullable) Marriages

2.1 Void Marriages

A void marriage is one that is considered legally inexistent from the beginning. It produces no legal effects and is treated as if it never happened, although a court declaration is still necessary to formally recognize its nullity. Common grounds under the Family Code for a void marriage include:

  1. Absence of a Valid Marriage License

    • Except in specific cases (e.g., marriages conducted under Article 34 of the Family Code, commonly referred to as a “marriage of exceptional character” or “cohabitation for at least five years”), a valid marriage license is essential for a valid union.

  2. Bigamous or Polygamous Marriages

    • A subsequent marriage is void if one party is already married to another person, unless the prior spouse has been declared legally dead or the prior marriage has been judicially annulled or declared void.

  3. Incestuous Marriages

    • Marriages between ascendants and descendants, brothers and sisters, or collateral relatives within a certain degree (e.g., uncle-niece, aunt-nephew) are void.

  4. Psychological Incapacity (Art. 36, Family Code)

    • If one or both parties are psychologically incapacitated to fulfill the essential obligations of marriage, the union is deemed void. Psychological incapacity must exist at the time of marriage and must be characterized by gravity, juridical antecedence, and incurability.

  5. Marriages Against Public Policy

    • Similar to incestuous marriages, other relationships prohibited by law and deemed contrary to public policy are also void.

2.2 Voidable (Annullable) Marriages

A voidable marriage is considered valid until a court declares it annulled. Grounds for annulment include:

  1. Lack of Parental Consent (for parties aged 18 to 21 at the time of marriage)

    • If either party was 18-21 but got married without the required parental consent.

  2. Insanity or Unsoundness of Mind at the Time of Marriage

    • If one party could not validly consent to marriage because of a mental disorder.

  3. Fraud

    • Any form of deception that directly induces one party to give consent to marriage.

  4. Force, Intimidation, or Undue Influence

    • If one party’s consent was obtained under threat or coercion.

  5. Physical Incapability to Consummate the Marriage

    • If either party is physically incapable of sexual intercourse, and this condition appears to be permanent and incurable.

  6. Sexually Transmissible Disease

    • If one party has a sexually transmissible disease that is serious and appears to be incurable, existing at the time of marriage.

3. Where Does Infidelity Fit In?

Infidelity or adultery is not, by itself, explicitly listed as a ground for annulment or declaration of nullity under the Family Code of the Philippines. However:

  • Repeated Infidelity may be used as evidence of psychological incapacity (Article 36) if it indicates an inability to fulfill the essential marital obligations. Courts have occasionally accepted it as part of the demonstration that a spouse is psychologically incapable of marital fidelity and commitment from the outset.
  • Infidelity can also be a ground for legal separation (not annulment) under certain circumstances. Legal separation does not sever the marital bond but grants a separation of bed and property.

Thus, for spouses considering annulment (or a declaration of nullity) due to infidelity, the focus often shifts to whether the unfaithful behavior can be attributed to a psychological incapacity that was present before or at the time of the marriage, preventing that spouse from fulfilling marital obligations.

4. Grounds for Declaration of Nullity vs. Annulment in Light of Infidelity

  1. If you suspect Psychological Incapacity

    • Gather concrete evidence (medical/psychological evaluations, witness testimonies, patterns of behavior).
    • The psychological incapacity must be shown to have existed at the time of the marriage, even if its manifestations surfaced later.
    • Infidelity can be a symptom of this incapacity, but the cause must meet the legal requirements: gravity, juridical antecedence, and incurability.

  2. If there are other void or voidable grounds

    • If your marriage is bigamous or incestuous (void) or you were coerced into it (voidable), you can file based on these statutory grounds directly.

  3. If the sole issue is infidelity

    • Infidelity alone is not a standalone ground for declaring a marriage void or voidable. It can form the basis for legal separation or be evidence to support a psychological incapacity claim, but it does not independently render a marriage void or voidable.

5. Step-by-Step Procedure to File a Petition

5.1 Consultation and Preparation

  1. Consult a Lawyer

    • Philippine family law can be complex. Before filing any legal petition, discuss all details with a lawyer to clarify grounds, gather documents, and map out strategies.

  2. Gather Evidence

    • For void marriages: marriage certificate, proof of bigamy, proof of no marriage license, etc.
    • For annulment: documents supporting the voidable ground (e.g., medical records, witness affidavits).
    • For psychological incapacity: psychological evaluation, consistent patterns of behavior, sworn statements from friends/family, etc.

  3. Undergo a Psychological Evaluation (if relevant)

    • In cases based on psychological incapacity, courts often require a psychologist or psychiatrist’s evaluation of the allegedly incapacitated spouse.

5.2 Filing the Petition

  1. Draft the Petition

    • Your lawyer will prepare a Petition for Declaration of Nullity of Marriage (for void marriages) or a Petition for Annulment of Marriage (for voidable marriages).
    • Clearly state your legal ground(s) and relevant facts.

  2. File in the Proper Court

    • Petitions for declaration of nullity or annulment are typically filed in the Regional Trial Court (Family Court) of the province or city where you or your spouse has resided for at least six months prior to the date of filing, or where the petitioner has been residing for the same period if the respondent is a non-resident.

  3. Pay the Filing Fees

    • Filing fees vary by location and by the nature of the case.

5.3 Court Proceedings

  1. Docketing and Raffle

    • After filing, the case is given a docket number and raffled to a specific branch of the Regional Trial Court.

  2. Service of Summons

    • The respondent spouse receives a copy of the petition and is required to file an Answer within a specific period.

  3. Collusion Investigation

    • The prosecutorial arm (usually the public prosecutor) will check if the spouses have colluded to obtain a nullity/annulment decree fraudulently.

  4. Pre-Trial Conference

    • The court will conduct a pre-trial to narrow down issues, explore possible settlements (on property, custody if there are children), and schedule trial dates.

  5. Trial

    • Parties present evidence and witnesses.
    • If psychological incapacity is alleged, the psychologist or psychiatrist who conducted the evaluation will typically testify.

  6. Memoranda and Submission for Decision

    • After evidence presentation, both parties may be required to file memoranda summarizing their arguments and evidence.

  7. Court Decision

    • The judge will issue a decision granting or denying the petition. If granted, a Decree of Nullity (for void marriages) or a Decision Annulling the Marriage (for voidable marriages) will be issued.

5.4 Post-Judgment Steps

  1. Registration of the Decision

    • If the petition is granted, the decision must be recorded in the Civil Registry where the marriage was registered, in the National Statistics Office (now the Philippine Statistics Authority), and, in some cases, in the Local Civil Registry where the court is located.

  2. Appeal

    • If the court denies the petition, you may appeal to the Court of Appeals (and potentially to the Supreme Court if needed).

6. Effects of an Annulment or Declaration of Nullity

  1. Status of the Parties

    • Once granted, both parties are allowed to remarry (after the finality and proper registration of the decision).

  2. Property Relations

    • The court decision usually addresses the liquidation of common property (conjugal or community property regime).
    • You should settle any property issues (and if there are children, their support) in the same proceeding.

  3. Children’s Legitimacy

    • Children born of a void or voidable marriage can still be considered legitimate in certain cases (especially in cases of psychological incapacity or if the marriage was declared void under Article 36).

  4. Custody and Support

    • If there are children, courts often address custody and support in the same proceeding.

7. Practical Considerations and Tips

  1. Evidence is Key

    • For psychological incapacity, you need strong, consistent, and credible evidence. Infidelity alone rarely suffices; you must show how it exemplifies a deeper psychological incapacity that existed at the time of marriage.

  2. Costs and Time Frame

    • Annulment or nullity proceedings can be expensive and may take several years, depending on court docket backlog and complexity of the case.

  3. Avoid Collusion

    • Courts and prosecutors investigate possible collusion between spouses. If found, the petition will be dismissed.

  4. Consider Alternatives

    • If reconciliation is possible, you may try counseling or mediation before taking legal action.
    • If the goal is separation of property without dissolving the marriage, legal separation or judicial separation of property may be alternatives.

  5. Seek Professional Legal Help

    • The procedure is technical and requires extensive legal knowledge, from drafting the petition to presenting evidence in court.

8. Conclusion

Filing for annulment or declaration of nullity of marriage in the Philippines is a multifaceted process. While infidelity alone is not a direct ground for annulment, it can play a significant role in cases involving psychological incapacity, provided that evidence shows a deeper inability to fulfill marital obligations existing from the start of the union. If you believe your marriage is void or voidable and infidelity is a factor, your best move is to seek legal counsel early. A qualified lawyer can assess whether the facts of your case meet the legal requirements, guide you in gathering evidence, and represent you throughout the court proceedings.

Remember: Each situation is unique. The laws can be intricate, and court decisions hinge on credible evidence and legal arguments tailored to individual circumstances. Always consult a lawyer to ensure you follow the correct legal path and protect your rights.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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