Grounds for Annulment in the Philippines
since divorce is not available in the country, those who wish to dissolve their marriages resort to filing for annulments instead. When you have your marriage annulled, the court recognizes that your marriage was not valid from the beginning.
In order to have a marriage annulled, there should be a valid ground/s presented to the court. In Philippine law, a marriage can be annulled for the following grounds:
- Either partner was 18 years but younger than 21 when the marriage took place, and it was solemnized without the consent of parents or guardian. There is a time limit for filing a petition for annulment. It should be done within five years after you reached the age of 21. This also allows your parents or guardians to file a petition anytime before turn 21.
- Either partner was of unsound mind at the time the marriage took place. A petition can be filed anytime before your husband or wife dies.
- The consent of either partner was obtained by fraudulent means. The petition can be filed within five years after the fraud was discovered.
- Either partner was forced or intimidated to give his or her consent to the marriage. A “shotgun marriage” is a perfect example of this. The petition can be filed five years after the force or intimidation has disappeared.
- Either partner was sexually impotent or physically incapable of having sex and there is no indication that the condition can be cured.
- Either partner has a sexually-transmissible disease which is serious and incurable.
If you and your partner have already cohabited as husband and wife before filing for a petition, you should consult the opinion of a annulment lawyer to make sure if you can still use the above grounds for annulment to file a petition for annulment in the Philippines.
Is there anybody who can help me about my questions?this is my case, in 2003 i had a secret marriage but we never live together, its still a bf-gf relationship…after a months, i went abroad to work as an OFW, then suddenly his behavior changed, he always threat me that he gonna kill my siblings, blah blah…(reasons: jealousy..etc..)even my personal email he hacked it…so i’ve decided to stop this relationship..from then up to now we dont have any communications at all…
is it easy to annull this marriage?and how much would i spend, so that I can save money now..just to clear all these mess…i dont even know if he got married already, cos it was 6 years ago…i dont have any news about him…anyway nobody knows that we were married..just a 2 witnesses that time..
how much time do i need to wait to finish this if case trial would start?
please help..heres my email: maryanne_magallanes@yahoo.com
I got married 5 years ago, and had blessed with 1 daughter, but my wife has a kid from her boyfriend and i also found out that she committed abortion on her 2nd boyfried. still I managed to take the resposibility of other people should have done., everything was okey then but when I am working as an ofw, I found out that my wife was having an affair with a guy in the philippines and she told me that i have to prove that. right now I am planning to annul the marriage that took place 5 years ago, because I am not happy anymore staying with her, we already talked about it and she agreed, now i am seeking for an legal advice and also to consider the custody of my daughter. hope you can help to which groud of annulment should i file in the court. hope you can give me a relevant answer for my queries, right now I have a girlfriend that I love so much, and we want to get married, can you help me sir with my concern ad possible what step should i do first as I am working here abroad
My wife has an illegitimate son before I married her. I took them in. I never loved her but married her anyway because I got her pregnant. I had 2 sons with her. I found someone I truly love yet cannot marry her because of my present state. What can i do? Please help. Thanks.
i am a battered wife for almost 5 years and haven’t blatter or have medical certificate and another 3 years received bad and harsed words from him and i cant take it anymore. now were in a battle of child custody. After a result of a custody, i will make a next move.. Am i able to file annulment or a court only grant a legal separation? But i washoping an annulment.
I was married for four years now. My wife and I got married because we were pressured by both of our parents because I got my wife pregnant (We are both in legal age). Since then our marriage was rough and shaky. She had been acting insanely since then. Shouting like mad anytime and anywhere she want, getting jealous even to my 45 year old boss, & even thinking I’m having sex with my cousin. There’s lot of crazy stuff that’s running in her head. For two years now I am working here abroad. Things got uglier since I work outside the country. She had an affair with 2 different guys since then. Even her parents once told me that she needs to visit a psychologist. Do you think I have good grounds here if ever I filed an Annulment Case? Since I’m working here abroad, I only have limited time during my scheduled vacations, so how about court appearance? Hope you can guide me in this. Thanks.