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Null and Void vs Annualment

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1 Null and Void vs Annualment on Wed Feb 11, 2015 1:38 am


Arresto Menor
What is the difference of Petition for Nullity of Marriage vs Annualment?

1. That i know is petition for nullity can be filed by either of the party if supported by evidence. While Annualment is applied with consent of both parties with valid grounds.

is there a difference and which one takes longer to process and which is more costly?

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2 Re: Null and Void vs Annualment on Wed Feb 11, 2015 9:43 am


Reclusion Perpetua
Consent of both parties is immaterial.

Petition for Nullity of Marriage can only be filed under certain circumstances including:
1. one of both spouses were minors (below 18 years old) at the time of the marriage;
2. Did not give consent to the marriage;
3. No marriage license;
4. The solemnizing officer (ang nagkasal) has no authority to do so;
5. No marriage ceremony (walang kasalan na naganap);
6. Either or both parties have psychological incapacity;
7. Others (I think not relevant anymore so I am not enumerating them here)

Annulment can only be filed when any of the following is present AT THE TIME OF THE CELEBRATION OF MARRIAGE (during the wedding ceremony):

1. Absence of Parental Consent when one or both spouses were between 18 and 21 (at the time of the marriage) and there was no parental consent form the parents/guardian;

2. Mental Illness of either or both spouses;

3. Fraud;

4. That the consent of either party was obtained by force, intimidation or undue influence (for example shotgun wedding);

5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable (for example baog or cannot have sexual intercourse);

6. Either or both have sexually-transmitted-disease (STD) which is serious and seems to be incurable.

Petition for Nullity of marriage based on psychological incapacity is more costly.

Best regards,
Atty. Katrina

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