Question: My husband filed an annulment on the grounds of psychological incapacity. How can I oppose it in the context of Philippine law?

Answer:

If your husband has filed for annulment based on psychological incapacity, and you wish to oppose it, there are various legal strategies and procedures you can consider under Philippine law.

Legal Representation

The first step is to consult with a competent family lawyer who is experienced in annulment cases. Legal representation is crucial to effectively oppose the petition.

Answer to the Petition

You will receive a summons that provides details of the annulment petition. You have 15 days to file your "Answer," which is your formal written response to the allegations. In the Answer, you can counter-argue the claim of psychological incapacity.

Presenting Evidence

During trial, you can present evidence to disprove the claim of psychological incapacity. This can include testimonies from psychologists or psychiatrists, documentary evidence, or even character references.

Cross-Examination

Your lawyer will have the opportunity to cross-examine the petitioner’s witnesses, including the psychological experts who may have testified about your supposed incapacity.

Affirmative Defenses

You can raise affirmative defenses such as prescription, where you argue that the action for annulment was filed beyond the allowable period, or that the claim does not meet the jurisprudential guidelines for psychological incapacity.

Emotional and Psychological Evaluation

You can submit to a psychological evaluation to generate expert testimony that could counter your spouse’s claims. Make sure to choose a credible psychological expert who specializes in family or forensic psychology.

Legal Separation or Voidable Marriages

As a last resort, you can also counter the annulment by filing for a legal separation or arguing that the marriage is voidable for other reasons. However, these strategies can have significant implications on property and custodial arrangements.

Conclusion

Opposing an annulment filed on the grounds of psychological incapacity is a complex process that involves several legal maneuvers. It is strongly advised that you consult a competent family lawyer to navigate the intricacies of Philippine family law.