Since we still do not have the divorce law in the country, annulment remains to be the only viable option for couples who want to terminate their marriage in a legal way.
As defined by the Guzman Tañedo & Acain Law Firm, marriage annulment is “a Court process in order to annul the marital union between a husband and wife. Annulment of marriage presupposes that the marriage was valid from the beginning and remains valid until annulled by the Court.”
SUGGESTED POST: LEGAL GROUNDS FOR MARRIAGE ANNULMENT OR NULLIFICATION
To be able to file for an annulment, it is important to make sure that you have legal grounds to file for a petition in the first place.
Some of the legal reasons for annulment are mentioned under Article 45 of the Family Code for annulment. Nullity of void marriages, on the other hand are under Article 35 (absence of formal and essential requisites of marriage), Article 36 (psychological incapacity), Article 37 (incestuous marriage) as well as Article 38 (marriages that are void by reason of public policy).
Here are other valid reasons:
- Individuals who marry below 18 years old (even if they have parent or guardian consent).
- Marriages solemnized by a person who isn’t legally authorized to perform it.
- Bigamous or polygamous marriages.
Filing a court procedure is the next step.
To do this, the concerned individual should file a Petition for Annulment of Marriage at the Regional Court’s Office of the Executive Clerk of Court. The office will then raffle a schedule for the case and eventually, they will issue a Summon to the respondent spouse so that he or she can file an answer to the petition.
Next, the Court sets a pre-trial conference where the attendance of involved parties is required. This will later lead to the actual trial proceedings.
In any case, it is crucial that you work with a competent lawyer who will provide you with legal guidance every step of the way. Hope this post will enlighten you regarding on how to file annulment here in Philippines.