Legal Questions on Applying for Nullity of Marriage Due to Infidelity in the Philippines
Question: Can I apply for nullity of marriage based on my husband's infidelity?
Answer: Under Philippine law, infidelity per se is not a ground for the nullity of marriage. Annulment or nullity of marriage is commonly based on psychological incapacity, fraud, force, intimidation, or undue influence, among other grounds as defined under the Family Code of the Philippines. Simply finding out that your husband had an extramarital affair and fathered a child with another woman would not automatically qualify as a basis for annulling your marriage.
Question: What are the possible grounds for nullity of marriage?
Answer: Article 36 of the Family Code, which pertains to psychological incapacity, is the most commonly invoked ground for nullity of marriage. Other grounds include consent obtained by fraud, force, intimidation, or undue influence. It's important to consult with a legal professional to assess the particular circumstances of your case and determine if any of these grounds apply.
Question: What if I found out about the other child before the marriage but went ahead anyway?
Answer: If you were aware of your husband's infidelity and the existence of another child but chose to proceed with the marriage, then it could be argued that you gave your free and full consent to the marriage. This might weaken any subsequent claim for nullity based on fraud.
Question: Can I use my husband's infidelity as a basis for legal separation?
Answer: Yes, sexual infidelity is a ground for legal separation under Article 55 of the Family Code of the Philippines. Legal separation allows you to live separately from your spouse, but the marriage bond is not severed, meaning neither party can remarry.
If you're facing a situation like this, it's crucial to consult with a qualified legal professional to explore all possible options and strategies tailored to your specific circumstances.