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Nullity of Marriage-Psychological Incapacity

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1 Nullity of Marriage-Psychological Incapacity on Sun Jun 28, 2015 7:10 pm


Arresto Menor
pwede po bang gamitin as ground of psychological incapacity sa husband ko yun pagiging babaero nya at pang ma-maniac nya sa mga kapatid ko., dumating na din sa point na minulestya nya un kapatid ko., sa sobrang kahihiyan pinili na lang namen manahimik., kaya sa 2 years namen kasal nagdecide ako na hiwalayan sya. , hind na sya nakokontento sa pambabae., sa ngaun mag 3 yrs na kaming hiwalay. at ibat-ibang babae na din ang nakakasalamuha nya palagay ko sakit na ngang matatawag un dahil hindi sya natitigil sa iisang babae., need your advice and anong grounds po ang pwede kong gamitin laban sa kanya para po ma void un kasal namen.

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Reclusion Perpetua
kelan kayo kinasal?
anong basehan at nasabi mong void ang marriage?  
sex scandal is not a ground for annulment..
siguro maari syang ground for legal separation.
tanong lang po, may sex scandal ba sya before ng marriage or after?

Grounds for anullment 

click here:

1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.

2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.

3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.

5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.

6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).

Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity.

The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision.

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