Nullification of Marriage in the Philippines

Simplified Query: How can one nullify a marriage in the Philippines?

In the Philippines, nullifying a marriage is referred to as "annulment" or "declaration of nullity." The process and grounds for nullification are distinct and require specific legal procedures. Unlike divorce, which is not recognized in the Philippines, annulment and declaration of nullity are the only legal means to dissolve a marriage.

Grounds for Annulment

The Family Code of the Philippines specifies the grounds for annulment, which must exist at the time of marriage:

1. Lack of Parental Consent: For individuals below 21 years old who got married without the consent of a parent or guardian.
2. Mental Illness: Either party was of unsound mind at the time of marriage.
3. Fraud: Consent was obtained through fraudulent means.
4. Force, Intimidation, or Undue Influence: Consent was obtained through force or intimidation.
5. Impotence: Physical incapacity to consummate the marriage.
6. Sexually Transmitted Disease: The afflicted party has a sexually transmitted disease found to be serious and incurable.

Grounds for Declaration of Nullity

The declaration of nullity applies to marriages that are void from the beginning:

1. Psychological Incapacity: One or both parties are psychologically incapable of fulfilling the essential marital obligations.
2. Lack of Legal Age: One or both parties were below the legal marriageable age.
3. Bigamy or Polygamy: One of the parties was already married to another person at the time of the marriage.
4. Mistaken Identity: One party was mistaken about the identity of the other.
5. Absence of Marriage License: The marriage was solemnized without a valid marriage license, except in certain cases of exceptional circumstances provided by law.
6. Void Marriages: Marriages void under other specific provisions of the Family Code.

Legal Procedure

1. Filing a Petition: The process begins with the filing of a petition for annulment or declaration of nullity in the Family Court.
2. Pre-Trial and Trial: The court will schedule a pre-trial and, if necessary, a trial where both parties present evidence.
3. Decision: The court will issue a decision based on the merits of the case. If granted, the marriage is nullified, and both parties are considered legally single.

Time Frame and Cost

The time frame for completing an annulment or declaration of nullity can vary widely, typically ranging from one to several years, depending on the complexity of the case and the court's schedule.

Costs:

• Legal Fees: Attorney’s fees can be significant, ranging from PHP 100,000 to PHP 500,000 or more.
• Court Fees: Filing fees and other court-related expenses also add to the cost.
• Psychological Evaluation: For cases involving psychological incapacity, a psychological evaluation may be required, adding to the expenses.

Summary

Annulment and declaration of nullity in the Philippines are complex legal processes with specific grounds and procedures. It requires the expertise of a lawyer, and the costs and time involved can be considerable. Understanding the legal grounds and following the correct procedures are essential for successfully nullifying a marriage in the Philippines.