Annulment of Marriage 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.

1. Annulment of Marriage

2. What is Annulment of Marriage?
Annulment of Marriage 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.

3. What are the grounds for
annulment? Is there a time limit
for this?
Marriages can be annulled by the
court on the following grounds:

4. 1. Either party was eighteen (18) years of age but
below twenty-one (21), and the marriage was
solemnized without the consent of the parents,
guardian or person having substitute parental
authority over the party. You can only file the Petition
within five (5) years after reaching the age of twenty-
one. But you cannot anymore file the Petition if you
have freely cohabited with each other as husband and
wife after you reach the age of twenty-one. Your
parent/s or guardian can also file the Petition anytime
before you reach the age of twenty-one.

5. 2. Either party was of unsound mind at the
time of marriage. You may file the Petition
anytime before the death of your husband
or wife. But for instance, you freely
cohabited with each after he/she came to
reason, under this circumstance, you are
already precluded by law from filing the
Petition.

6. 3. The consent of either party was obtained
by fraud. You can file the Petition within five
years after the discovery of the fraud,
provided that
you did not freely cohabit with your
husband or wife after your full knowledge of
the facts constituting the fraud. Sounds
tricky?

7. 4. The consent of either party was obtained by
force, intimidation or undue influence or
otherwise known as “shotgun marriage”. You can
file the Petition within five years from the time
the force, intimidation, or undue influence
disappeared or ceased. However, you are already
barred from filing the Petition if you have freely
cohabited with your husband or wife knowing
that the force or intimidation had already
ceased.

8. 5. Either party was a sexual
impotent or physically incapable of
engaging in sexual intercourse and
such incapacity continues and
appears to be incurable. You can file
the Petition within five (5) years
after marriage.

9. 6. Either party was afflicted with a
sexually-transmissible disease found
to be serious and appears to be
incurable. You can also file the
Petition within five (5) years after
marriage.

10. Q. What are the kinds of fraud
which constitute the ground for
annulment?
The kinds of fraud that will give
ground for annulment are as
follows:

11. 1. Non-disclosure of a previous
conviction by final judgment of
the other party of a crime
involving moral turpitude;

12. 2. Concealment by the wife of
the fact that at the time of the
marriage, she was pregnant by
a man other than her husband;

13. 3. Concealment of sexually
transmissible disease,
regardless of its nature, existing
at the time of the marriage; or

14. 4. Concealment of drug
addiction, habitual alcoholism or
homosexuality or lesbianism
existing at the time of the
marriage.

15. 4. Concealment of drug
addiction, habitual alcoholism or
homosexuality or lesbianism
existing at the time of the
marriage.

16. Where can I file the Petition for
Annulment?
you can only file the Petition for
Annulment in the place of your
residence or the place of
residence of your husband or
wife.