Dear Atty. Peachy,

While I have been stationed away due to my job, I discovered that my wife is having an affair with another man. I have gathered enough evidence to confirm this, and I feel it is time to take action. During our last confrontation, things escalated; she became defensive, tore our marriage certificate, and broke a photo frame filled with cherished memories. Now, she is living with this man.

I want my marriage to be annulled or declared null and void so that I can genuinely start a new life. A friend told me, however, that infidelity is not a valid ground for annulment or declaration of nullity of marriage and is only grounds for legal separation. Is this true? Am I really going to be stuck being technically married to her for life?

Arnie

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Dear Arnie,

Thank you for sharing your situation, which I know is challenging. It is understandable that you would want to take clear steps forward, particularly when contemplating the future after such a painful experience.

In the Philippines, where divorce is not available to most couples, except for Muslim Filipinos under the Code of Muslim Personal Laws, those seeking to dissolve their marriages typically consider annulment or declaration of nullity. Annulment, as stipulated in the Family Code of the Philippines, effectively treats a marriage as if it never existed, while legal separation allows couples to live apart without actually dissolving the marriage. Given your desire for a complete severance of marital ties, pursuing annulment is an appropriate route.

Your friend’s assertion that infidelity is not a direct ground for annulment is partially accurate. Under Philippine law, infidelity, on its own, does not automatically warrant annulment. However, it can serve as vital supporting evidence in cases that assert that one spouse is psychologically incapacitated to fulfill essential marital obligations, as defined in Article 36 of the Family Code. Psychological incapacity refers to a mental condition that prevents either spouse from meeting the responsibilities of marriage, including love, respect, fidelity, and support. For a successful annulment claim, this incapacity must be significant and present even at the time of marriage, though it may only become evident later.

Infidelity can be viewed as evidence of psychological incapacity. For instance, a pattern of unfaithfulness might indicate emotional immaturity or deeper psychological issues that prevent an individual from honoring the commitments of marriage. If you can demonstrate that your wife’s infidelity stems from such underlying issues, it can strengthen your case for annulment.

To prepare a strong case, compile all relevant evidence of your wife’s infidelity, which may include: (1) text messages, emails, social media exchanges, or photos that reveal the affair, (2) witness statements from friends or acquaintances who may have information about her relationship, and (3) any documentation that highlights her inability to fulfill marital responsibilities due to her actions. Having a comprehensive collection of evidence will be crucial in substantiating your claims.

While the legal pathway of annulment may seem daunting, it is a viable option. If you have further questions or need additional assistance, please do not hesitate to reach out.

Atty. Peachy Selda-Gregorio