how to file an annulment
1 how to file an annulment on Sun Feb 03, 2013 10:37 pm
2 Re: how to file an annulment on Sun Feb 03, 2013 11:25 pm
There are three categories that are important to know with regards to marriage in the Philippines: annulment, declaration of nullity and separation. Annulment declares a valid marriage to be null and void. A declaration of nullity declares that a marriage was never valid (void ab initio). A separation does not declare that the marriage is invalid, only that the spouses are no longer living together.
Criteria for Annulment:
There are six valid criteria for annulment, including: lack of parental consent in particular cases (where one spouse is between 18 and 21 and the marriage was authorized without the consent of the parents of that spouse), insanity (one spouse is found to have been mentally unstable at the time of the marriage), fraud (unless the other party is privy to all circumstances of the fraud and continues to live with the fraudulent spouse). Fraud includes concealing convictions, pregnancy, sexually transmitted disease infection or drug addiction. Other acceptable criteria for annulment are: force, intimidation or undue influence (unless the forced spouse freely cohabited after the fact), impotence (either spouse is found to be not capable of consummating the marriage and that impotence is permanent. Infertility does not equal impotence), STD (either party is found to have a sexually transmitted disease that is serious and incurable).
Petitioning for Annulment:
If a person can prove that he has at least one of the acceptable criteria for annulment, he must file a petition for annulment. The Solicitor General will review and handle all matters dealing with annulments. Resolutions can take up to a year or more.
Conditions Not Suitable for Annulment:
There are conditions that are not considered viable grounds for annulment. They may be suitable for legal separation or may be unsuitable for any court action. Physical violence, corruption of other spouse (defined by courts), imprisonment, drug addiction, homosexuality, bigamy, sexual infidelity and abandonment are not suitable for annulment, but are suitable for legal separation. Consent, connivance, mutual guilt, collusion and prescription invalidate claims for both annulment and legal separation.
Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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