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You can see all the different notions and impressions of psychological incapacity; and
how fertile the imagination of people is about it. But what really is psychological
incapacity under the Family Code?
In a nutshell, psychological incapacity is a person’s inability to comply with his (or her)
marital obligations to his (her) spouse. These marital obligations include giving mutual
love and help, respect, fidelity and support to the other. The party’s incapacity stems
from a root cause which is determined by an expert, like a psychiatrist. If the expert
finds him such, then he can recommend that the marriage be declared void ab initio
(from the beginning).
This is Article 36 of the Family Code. Said article mandates: “(a) marriage contracted by
any party who, at the time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall likewise be void even if
such incapacity becomes manifest only after its solemnization.”
I think at this point, you are still quite drowned by the legal jargon. To help you
understand this better, let me cite an example. X and Y were sweethearts. After they got
married, X started exhibiting signs of incompatibility with Y. Later, he no longer cared for
and disrespected Y. He even refused to be intimate with her. He then stopped giving her
support.