What is Annulment?

In my blog entree House Bill No. 1799, I have mentioned the word annulment. So, what is annulment, and how is it different from divorce?

The Free Dictionary (http://legal-dictionary.thefreedictionary.com/annulment) defined annulment as a judgement by a court that retroactively invalidates a marriage to the date of its formation.

An annulment differs from a Divorce, a court order that terminates a marriage, since it is a judicial statement that there was never a marriage. A divorce, which can only take place where there has been a valid marriage, means that the two parties are no longer Husband and Wife once the decree is issued. An annulment means that the individuals were never united in marriage as husband and wife.

Various religions have different methods for obtaining a church divorce, or annulment, but these procedures have no legal force or effect upon a marriage that complied with the requirements of law. Such a marriage must be legally annulled.

Even if both divorce and annulment allow the spouses to remarry, these two things differ in idea and basis. Annulment assumes that the marriage is void from the beginning. Meaning, it would declare non-existent by the court. The marriage of the couple is declared non effective from the beginning. In annulment, the marriage is legally cancelled and the man and woman are restored to their single status.

So, why am I explaining what annulment is?

In the Philippines, divorce has not yet been approved. However, what we have here is annulment. Unlike divorce, annulment of marriages is allowed by both the Church and State.

Art. 45 of The Family Code of the Philippines states 6 grounds by which the court can annul a marriage.


The grounds for annulment of marriage are:

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.

3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) of finding out the facts of the fraud.

4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end.

5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.


SEPARATION: being separated from your spouse with or without communication is not grounds for annulment. It does not matter how many years you are separated. There is no law that annuls or voids a marriage automatically. Only a judge in a court of law can annul, void or nullify a marriage.

INFIDELITY: is not grounds for annulment.



Sources:
http://jlp-law.com/blog/proposed-divorce-law-in-the-philippines/
http://www.bcphilippineslawyers.com/grounds-for-annulment-of-marriage-in-the-philippines/447/