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.



Grounds for nullity of marriage


1. Marriages entered into by any party under eighteen years old regardless whether there is consent from their parents or guardians;
2. Marriages solemnized by a person unauthorized to perform marriages except such marriages were celebrated with any parties believing in good faith that the person who solemnized the marriage was legally authorized to do so;
3. Marriages contracted in the absence of the license unless exempted by law.
4. Marriages that are considered bigamous or polygamous.
5. Marriages entered into as a result of a mistake of identity one contracting party;
6. In case there is a pending annulment case and any party entered into a subsequent marriage without the previous marriage being declared void by competent court. The subsequent marriage can be declared void.
7. Psychological Incapacity of any or both parties to the marriage. The incapacity must be existing at the moment of the celebration of marriage, which hinders him or her from observing the essential marital obligations of marriage under the law. Incapacity may be considered even it becomes evident just after the celebration of the marriage.
8. Marriages among ascendants and descendants; among brothers and sisters, regardless whether full or half blood.
9. Marriages among relatives:
A .Among collateral blood relatives, regardless whether legitimate or illegitimate, limited to fourth civil degree;
1. Marriages among step-parents and step-children;
2. Marriages among parents-in-law and children-in-law;
3. Marriages among the adopting parent and the adopted
4. Marriages among the surviving spouse of the adopting
parent and the adopted child;
5. Marriages among the surviving spouse of the adopted
child and the adopter;
6. Marriages among adopted child and a legitimate
child of the adopter;
7. Marriages among adopted children of the same
8. Marriages among parties where one is with the intent to marry the other, killed the other person’s spouse, or his or her own spouse.


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