Grounds for Annulment in the Philippines: A Comprehensive Overview
A Question-and-Answer Guide
Question: What are the common grounds for seeking an annulment of marriage in the Philippines?
Answer:
Annulment in the Philippines refers to the process of declaring a marriage null and void based on causes that render the marital contract defective from the beginning. Here are the common grounds for annulment as provided under the Family Code of the Philippines:
1. Lack of Parental Consent:
- A marriage between parties who are 18-21 years old and who did not obtain parental consent can be annulled by the party who did not give his or her consent within five years after reaching the age of 21.
2. Unsound Mind:
- If, at the time of the marriage, either party was of unsound mind or incapable of understanding the nature of the marital union, the marriage can be annulled.
3. Fraud:
- Marriages may be annulled if consent was obtained through fraud, such as deceiving the other party regarding one's personal status, health condition, or other important matters.
4. Force, Intimidation, or Undue Influence:
- If consent was obtained through force, intimidation, or undue influence, the marriage can be annulled.
5. Physical Incapacity:
- A marriage can be annulled if one party is physically incapable of consummating the marriage with the other, and such incapacity is incurable.
6. Sexually Transmissible Diseases:
- If either party has a sexually transmissible disease that is serious and appears to be incurable, it can be a ground for annulment.
7. Psychological Incapacity:
- This is one of the most commonly cited grounds. Psychological incapacity pertains to a spouse's inability to comply with the essential marital obligations due to a psychological disorder. This ground, however, requires a thorough psychological evaluation and is determined on a case-to-case basis.
Conclusion:
Annulment in the Philippines provides legal remedies for those who believe that their marriage was defective from the very beginning based on the grounds listed above. The process can be intricate and requires a clear understanding of the legalities involved. For anyone considering annulment, it's advisable to seek legal counsel to understand the nuances of each ground and assess the specifics of one's situation.
Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Consult a legal expert for advice specific to your situation.