30/07/2025
ANNULMENT OF MARRIAGE 👰🤵♂️
💍What is the typical duration of an annulment of marriage proceeding?
An annulment generally takes one year, but it can take longer if there are other factors causing the proceedings to be delayed. The length of an annulment proceeding is dependent upon the circumstances of the case and a number of variables, e.g., the docket of the court, the opposition of the spouse, the availability of the judge or the public prosecutor, etc.
💍What are the grounds for Annulment of Voidable Marriages?
Lack of parental consent. When one party was aged 18 or over, but under 21, and was married without the consent of his/her parents/guardian, unless upon reaching 21, such a party freely cohabited with the other and lived together as husband and wife.
Insanity. Either party was mentally unsound, unless upon coming to reason, such a party freely cohabited with the other as husband and wife.
Fraud. Fraud was used to obtain the consent of either party, except when having full knowledge of the fraudulent facts, such party thereafter freely cohabited with the other party.
• Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude.
• Concealment by the wife that at the time of the marriage, she was pregnant by a man other than her husband.
• Concealment of a sexually transmissible disease by either party, existing at the time of the marriage.
• Concealment of drug addiction, habitual alcoholism, or lesbianism/homosexuality 🏳️🌈existing at the time of the marriage.
Force, intimidation or undue influence. If the consent of either party was obtained by force, intimidation or undue influence, unless it disappeared or ceased, but such parties cohabited as husband and wife freely.
Impotency. Either party was unable to consummate the marriage with the other, and such incapacity persists and seems incurable.
Bigamous marriage. If either spouse had a previous marriage (Article 35 of the Family Code)
💍Can one still file an annulment if the other spouse opposes it?
Yes, it can still be filed. Actually, collusion between parties is not allowed in order to ensure that evidence is not fabricated or suppressed.
💍What should I do if my husband threatens to kill me if I file for annulment?
You may get a protection order and/or file violations of provisions of Violence Against Women and Their Children (R.A. 9262).
💍Is it possible to file for annulment even if the whereabouts or address of the spouse are unknown?
Yes, jurisdiction over the respondent can be acquired though service of summons by publication.
