Annulment of Marriage in the Philippines

Annulment of Marriage in the Philippines is the designation given by the common people to all court proceedings concerning dissolution of marriage. Nevertheless, the truth is annulment proceedings are only those cases within the purview of Article 45 of the Family Code of the Philippines. The other proceeding is the declaration of absolute nullity of marriage or just nullity of marriage in short, which is within Article 35 (Absence of Formal and Essential Requisites of Marriage), Article 36 (Psychological Incapacity) Article 37 (Incestuous Marriages) and Article 38 (Void by reason of Public Policy) of our Family Code.

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Grounds for Annulment

Marriages can be vulnerable to annulment proceeding under article 45 of Family Code of the Philippines. The following are grounds for annulment:
1. Both parties were eighteen (18) years of age but under twenty-one (21), also the marriage was celebrated lacking of the consent from parents, guardian or any person with substitute parental authority over the party. The annulment can only be filed in no more than five (5) years upon reaching the age of twenty-one. However, the parties are not permitted to file the annulment if they have voluntarily lived as husband and wife upon reaching the age of twenty-one. Parties parent/s or guardian be entitled also to file the Petition before they reach the age of twenty-one.

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Declaration of Nullity of Marraige

It is a judicial process under Family Code of the Philippines which purpose is to declare a marriage null and void. It assumes the marriage was null and void from the inception. In the eyes of law, the marriage is not existing. However, there are so countless queries about this matter like, Is it necessary to file the nullity of marriage if such marriage did not even exist from the start? The answer is, although the marriage was void since inception, the law still compels us to secure a declaration of absolute nullity of your marriage through filing a case in court.

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