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.