Annulment

Dear Atty. Peachy,

I have been married for seven years, but unfortunately, my relationship with my husband has become increasingly strained. Over time, we have drifted apart, and I believe that we are no longer compatible. There are no children involved, which I feel may make the process a bit easier.

Recently, I have been considering the possibility of having our marriage annulled. However, I have concerns about the process and what it entails. I often hear people saying that annulments in the Philippines can be long and complicated. I want to know if this is true and what grounds are typically accepted for annulment. Additionally, I would like to understand what steps I should take first if I decide to move forward with this process.

I would appreciate any information you could provide, as I am feeling quite overwhelmed with everything. Thank you for your assistance.

Charmaine

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Dear Charmaine,

Thank you for sharing your situation with me. The decision to seek an annulment can be a significant step, and it is understandable that you feel overwhelmed by the implications and processes involved.

In the Philippines, the Family Code outlines specific grounds for annulment of marriage, and it is essential to have valid reasons for it to be granted. The grounds include:

1. Lack of Parental consent: If either party was below 18 years of age at the time of the marriage and did not obtain the consent of their parents or guardians.

2. Mental Incapacity: If either party was of unsound mind at the time of the marriage. This ground is often established through evidence indicating a psychological incapacity to fulfill essential marital obligations.

3. Consent Obtained through Fraud: If the consent of either party was obtained through fraud. This can include deceit regarding essential aspects of the marriage, such as identity, the intention to marry, or significant information like being previously married.

4. Consent Obtained through Force, Intimidation, or Undue Influence: If the consent to the marriage was obtained through force, intimidation, or undue influence, meaning one party was coerced into marrying against their will.

5. Sexual Incapacity: If either party is physically incapable of consummating the marriage and such incapacity continues and seems incurable.

6. Subsequent Marriage: If either party is subsequently or already married before the current marriage takes place, this would invalidate the current marriage.

7. Psychological Incapacity: This is a more common ground and refers to the inability of one spouse to perform essential marital obligations. The psychological incapacity must be proven through expert testimony and must exist at the time of the marriage. The condition does not need to be permanent but must have existed at the time of the marriage.

The annulment process can indeed be lengthy and complex. It is advisable to consult a family lawyer who specializes in divorce and annulment. They can assess your situation, discuss the grounds applicable to your case, and provide guidance tailored to your circumstances. Once you have determined the grounds for annulment, your lawyer will help you file a petition with the Regional Trial Court (RTC). This petition must be supported by evidence, including testimonies and psychological evaluations if psychological incapacity is being cited. After filing, a series of court hearings will occur where both parties may present evidence. This phase can sometimes take longer than expected depending on court schedules and the complexity of the case. If the court finds sufficient grounds for annulment, it will issue a decree annulling the marriage.

The timeline for an annulment can vary, and while some cases may resolve in a year or two, others can take considerably longer. Legal fees, court costs and other associated expenses can accumulate, so it is good to be prepared for this aspect as well.

Navigating an annulment can be emotionally taxing, so consider seeking support from friends or professional counseling to help manage this transition in your life.

Should you choose to proceed with the annulment, starting with a competent lawyer will provide you with the structure and support necessary to tackle the process effectively.

Wishing you strength and clarity as you consider this important decision for your future.

Atty. Peachy Selda-Gregorio