Annulment and Nullity of Marriage in the Philippines
The Family Code of the Philippines defines marriage as a permanent union between a man and a woman who wish to build a family together. However, under Philippine law, a marriage may be declared null and void or annulled based on specific legal grounds.
Since divorce is not yet legally allowed in the Philippines, save in cases involving a Filipino citizen married to a foreign national, both Filipino married couples seeking to end their marriage may file a petition for declaration of nullity or annulment. These processes have different legal grounds that must be considered.
What is the Difference Between Nullity and Annulment?
A declaration of nullity of marriage is a judicial process whereby the court declares the marriage as null and void or never legally valid from the beginning, and the grounds are specified under the Article 35 and 36 of the Family Code of the Philippines. On the other hand, annulment is a judicial process that annuls a marriage based on the specified grounds under Article 45 of the Family Code of the Philippines covering causes that existed at the time of marriage.
What are the Legal Grounds for Nullity and Annulment?
Before a nullity of marriage and annulment can be granted, either or both parties must provide grounds or reasons for initiating the judicial process. The court will consider these grounds when determining whether to approve the nullification or annulment of marriage.
Legal Grounds for Nullity of Marriage
According to Article 35 of the Family Code of the Philippines, a marriage may be considered null and void if one of the following legal grounds is violated:
- Underage Marriages. Marriages where one or both people are under eighteen (18) years of age, even with the consent of their parents or guardians.
- Unauthorized Solemnizing Officer. Marriages performed by an individual who is not legally authorized to solemnize marriages, even if one or both parties believed that their solemnizing officer had the legal authority to do so.
- No License. Marriages performed without a proper marriage license.
- Bigamous or Polygamous Marriages. Marriages where one of the parties is already married to someone else.
- Mistaken Identity. Marriages where one party was mistaken about the identity of the person they were marrying.
- Subsequent Marriages. Marriages that are considered invalid according to Article 53 of the said Code.
Legal Grounds for Annulment of Marriage
Under Article 45 of the Family Code, a marriage may be annulled if one of the following grounds is present:
- Underage Marriage. If one or both parties were too young to marry and without parental consent or court approval at the time of the marriage. However, if the individual reaches the age of twenty-one (21) and chooses to stay married, this ground may no longer apply.
- Unsound Mind. If either of the parties was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
- Fraud. If one of the parties agreed to the marriage based on deceit or false information from the other party.
- Forced Consent. If one of the parties was coerced or threatened into the marriage and only agreed due to the threat.
- Physical Incapacity. If either of the parties is physically incapable of consummating the marriage, and this condition is permanent and considered incurable.
- Sexual Transmitted Diseases (STDs). If either party has a serious and incurable sexually transmitted disease that affects the marriage.
Who May File for Nullity and Annulment in the Philippines?
Either party may file a petition for declaration of nullity. However, in cases of bigamous or polygamous marriage, the first legal spouse is the only party granted to file for nullity of the second marriage of his/her spouse.
Moreover, the following individuals may file a petition for annulment of marriage:
- The parent or guardian who did not consent to the marriage, specifically if the married party is still an underage.
- The unaware spouse and the mentally incapacitated spouse.
- The injured party whose consent was obtained through fraud.
- The injured party whose consent was obtained through force.
- The injured party whose spouse is physically incapable of consummating the marriage.
- The injured party whose spouse has sexually transmissible diseases (STDs).
How to File for Nullity and Annulment in the Philippines?
To process a nullity or annulment in the Philippines, the petitioner must follow these legal procedures:
- Consult with a Family Lawyer. It is important to seek advice from a family lawyer who specializes with nullification and annulment processes. They can offer legal advice, help determine the grounds for nullity and annulment relevant to your situation, and assist you throughout the process.
- Prepare the Petition. Prepare the petition with your lawyer. The petition must include supporting evidence and detailed narratives of the grounds for nullity or annulment.
- File the Petition. Your lawyer will file the petition to the Regional Trial Court (RTC). The court will then provide a docket number and schedule the hearings.
- Court Hearings. The court will conduct hearings to review evidence and arguments from both parties. The duration and frequency of hearings can vary based on the complexity of the case.
- Court Ruling and Decree. After reviewing the case, the court will decide whether to grant the nullity or annulment.
- Register the Decree. If granted, the Declaration of Nullity or Annulment Decree must be registered with the Local Civil Registrar and the Philippine Statistics Authority (PSA).
Can a Foreign National File for Nullity and Annulment in the Philippines?
A foreign national who is married with a Filipino citizen may file for nullity and annulment in the Philippines if they meet the legal grounds specified in the Family Code of the Philippines.
How Long Does the Process Take for Nullity and Annulment in the Philippines?
In the Philippines, the nullity and annulment process may take six (6) months to four (4) years or longer. However, the duration of the entire process will still depend on the complexity of the case and the court’s schedule.
Need further information and assistance regarding Nullity and Annulment? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
