In the Philippines, annulment is a legal process that declares a marriage null and void, as if it never existed. However, not all marriages can be annulled, and there are specific legal grounds and requirements that must be met for an annulment to be granted.
Query: Can we file for annulment if we're no longer happy with each other and it seems like problems arise over and over again easily because of that?
Legal Perspective:
The scenario presented in the query suggests dissatisfaction and recurring problems in the marriage, but mere unhappiness is not a sufficient ground for annulment under Philippine law. Annulment is granted only on specific grounds outlined in the Family Code of the Philippines.
Grounds for Annulment:
Lack of Capacity: One party was mentally incapacitated at the time of marriage, or consent was obtained through fraud, force, intimidation, or undue influence.
Lack of Parental Consent: If one or both parties were below 18 years old at the time of marriage and did not have parental consent or judicial approval.
Insanity: If one party was declared insane or mentally incapacitated after the marriage ceremony was performed but before the marriage was consummated, and the other party was unaware of the insanity at the time of marriage.
Impotence: If either party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable.
Incestuous Marriage: If the spouses are within the prohibited degrees of relationship as provided by law.
Bigamous or Polygamous Marriages: If either party has a prior existing marriage that is still valid and subsisting at the time of the subsequent marriage.
Psychological Incapacity: This ground is the most commonly used basis for annulment. It refers to the inability of one or both parties to comply with the essential marital obligations due to a psychological incapacity existing at the time of marriage.
Filing for Annulment:
To file for annulment, one must meet the legal grounds specified above and provide sufficient evidence to support the petition. The process involves filing a petition in the Regional Trial Court where one or both spouses reside, followed by hearings and presentation of evidence to prove the grounds for annulment.
Conclusion:
While dissatisfaction and recurring problems in a marriage may cause distress, they do not automatically qualify as grounds for annulment under Philippine law. It is crucial to understand the specific legal grounds and requirements for annulment and seek legal advice from a qualified attorney to assess eligibility and navigate the annulment process effectively.