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Nullity for Marriage or Annulment?

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1 Nullity for Marriage or Annulment? on Mon Aug 08, 2016 1:00 pm

LukeSkywalker


Arresto Menor
Hi,

I have a friend who got married dahil po sa may nangyari sa kanila nang lalaki (Pinilit ng lalaki). Napilitan po syang magpakasal dahil na din sa kahihiyan at sa respeto sa kanyang mga magulang at takot din sa papa nya. At dahil na din family friend nila yong family ng lalaki.

Ngayun ayaw nya talagang sumama sa lalaki. Sa kasalukuyan hindi sila nagsasama.

Maaari pong bang null and void ang kasal nila instead of annulment? Does it fall to psychological incapacity? During that time kasi talagang gulung-gulo na sya kung itutuloy ung kasal o hindi. But if not, anu po ang maaring dapat gawin?

Hoping for your guidance.

Thank you

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2 Re: Nullity for Marriage or Annulment? on Mon Aug 08, 2016 1:11 pm

raheemerick


Reclusion Perpetua
If you’re involved in a “forced” marriage, there’s good news and there’s bad news for you. Let’s start with the good news.
We already have a previous discussion on the essential and formal requisites of marriage — consent freely given is an essential requisite of marriage. Marriage is a special contract and, just like other contracts, consent is essential. Here’s the good news: the absence of consent renders the marriage void from the very beginning. Force or intimidation (a “shotgun marriage” definitely involves force and intimidation) is a ground to annul a marriage.
The bad news? You must not sleep on your rights. You can sleep with your spouse, but not on your right to question the “forced” marriage. You have five (5) years — counted from the time that the force, intimidation or undue influence disappeared or ceased — within which to file the petition for annulment.

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