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can the petitioner claim to be the one with psychological incapacity?

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erika2410


Arresto Menor
hi!

i'm planning to file for annullment. i was married when i was 19 and the relationship didn't last for a year. they say that psychological incapacity seems to be the only ground that actually works. however, i'm not positive that my husband would cooperate with that

is it better if i claim to be the one with mental issues even if i'm the one to file the petition? i had a history of depression due to some traumatic childhood experience. would that work to my advantage?

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concepab


Reclusion Perpetua
erika2410 wrote:hi!

i'm planning to file for annullment. i was married when i was 19 and the relationship didn't last for a year. they say that psychological incapacity seems to be the only ground that actually works. however, i'm not positive that my husband would cooperate with that

is it better if i claim to be the one with mental issues even if i'm the one to file the petition? i had a history of depression due to some traumatic childhood experience. would that work to my advantage?

Yes, but this case might set a backfire on you. i read one article, I think a year ago regarding using this ground to nullify your marriage. Using such basis may give the judge a wrong presumption that you are not capable of having a married life. Hindi ko na maalala yung buong article but it is something like that. I hope atty. L is familiar with that an can give us some enlightenment.

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hlslawph


Arresto Menor
In Marable vs. Marable G.R. No. 178741 January 17, 2011, it was the petitioner who filed for the declaration of nullity of his marriage. The trial court granted his petition and although it was later overturned by the Supreme Court, the decision was based on his failure to prove psychological incapacity and not because the one alleged to be psychologically incapacitated is the petitioner himself.

It will not backfire or create any unfavorable presumption against the petitioner because the petitioner may be psychologically incapacitated with one person but is not psychologically incapacitated with another.

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