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1 HOMOSEXUALITY on Wed Aug 01, 2012 11:28 am


Arresto Menor
My wife and I have been separated for a long time now (4 years). We have separate lives now. She's been with a Girl ever since we separated and until now. Magkasama pa rin sila, nasa abroad na sila pareho working. We had a child, na nasa akin since he was 2 years old. May gf na rin ako and i got her pregnant but she's not living with me..can i file an annulment? pwede ko ba gamitin yung homosexuality? mkakapag file ba ako kahit nagka anak na rin ako sa gf ko ngayon? please advise. Thanks in advance

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2 Re: HOMOSEXUALITY on Wed Aug 01, 2012 11:45 am


Reclusion Perpetua
Hi Natre.

Homosexuality is not one of the grounds for annulment. However, if your wife has been engaging in homosexual relationships prior to your marriage and she concealed such fact from you, it may be considered as fraud, which is a ground for annulment. But in cases of fraud, marriage should have been annulled within 5 years from its discovery.

If, however, her homosexuality caused her to be incapacitated to perform the basic marital obligations, perhaps you can use psychological incapacity as a ground for filing a Petition for Declaration of Nullity of Marriage.

For more free legal information about Annulment, please visit

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