Marriage annulment | Chronicle of the Negroes

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LAW EVERY WEEK

What is the typical length of marriage annulment proceedings?

A cancellation usually takes a year, but it may take longer if other factors delay the process.

The duration of an annulment proceeding depends on the circumstances of the case and a number of variables, for example, the role of the court, the opposition of the spouse, the availability of the judge or the prosecutor, etc.

What are the grounds for annulling voidable marriages?

  1. Lack of parental consent. Where a party was 18 years of age or older, but under 21, and married without parental/guardian consent, unless they attain the age of 21, such party cohabited freely with the other and lived together as husband and wife.
  2. Madness. Either party was mentally deficient, unless coming to his senses such party cohabits freely with the other as husband and wife.
  3. Fraud. The fraud was used to obtain the consent of either party, except with full knowledge of the fraudulent facts, that party then having freely cohabited with the other party.
  4. Force, intimidation or undue influence. If the consent of either party was obtained by force, intimidation or undue influence, unless it disappears or ceases, but these parties cohabited freely as husband and wife .
  5. Incapacity. Either party was unable to consummate the marriage with the other, and this incapacity persists and seems incurable.

Sexually transmitted disease (STD). When either party is diagnosed with an STD that appears to be incurable before or at the time of marriage and that party has concealed it. (Article 45 of the Family Code)

  1. bigamous marriage. If one of the spouses has already been married (article 35 of the family code)

Can we still file a request for annulment if the other spouse opposes it?

Yes, it can still be filed. In fact, 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 request annulment?

You can obtain a protection order and/or file a complaint for violation of the provisions of Violence against women and their children (RA 9262).

Is it possible to request the cancellation even if the place or address of the spouse is unknown?

Yes, jurisdiction over the defendant may be acquired by service of a summons by publication.

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