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MARRIAGE DIVORCE

ANNULMENT
DECLARATION OF NULLITY OF MARRIAGE

Marriage Annulment Cases Filed in the Philippines


9000 8000 7000 6000 5000 4000 3000 2000 1000 0

7138
4250

7752

8282

2001

2006

2007

2010

Filed by
MEN 39%

WOMEN 61%

What are the requisites of marriage?

Article 1, Family Code of the Philippines


Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.

MARRIAGE (Definition)

Art. 2. No marriage shall be valid, unless these essential requisites are present:
Legal capacity of the contracting parties who must be a male and a female; and Consent freely given in the presence of the solemnizing officer.

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;


(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

(2) A valid marriage license, except in the cases provided for in Chapter 2 of this Title

When is a marriage license not necessary?


1. In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives.

2. If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar.
3. Marriages among Muslims or among members of the ethnic cultural communities, provided they are solemnized in accordance with their customs, rites or practices. 4. In case of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other.

LEGAL SEPARATION

A decree of Legal Separation allows the spouses to live separately but does not sever the bonds of marriage (remarriage is not allowed).

Once a Decree of Annulment has been issued by the court the parties may choose to remarry

Grounds for Legal Separation (10):


1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner. 2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation. 3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned. 5. Drug addiction or habitual alcoholism of the respondent. 6. Lesbianism or homosexuality of the respondent. 7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad. 8. Sexual infidelity or perversion. 9. Attempt by the respondent against the life of the petitioner. 10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

DIVORCE

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

the Filipino citizen may have the foreign divorce validated by Philippine Courts and may validly remarry, provided: 1. That there is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and 2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry. 3. The Filipino citizen files a petition in a Philippine court for judicial recognition of the foreign divorce and shows that the divorce was obtained in conformity with the foreign laws of the country of the alien spouse.

ANNULMENT

In annulment, there is a valid marriage, but our law provides specific instances when the marriage may be dissolved.

The grounds for annulment of marriage are:


1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.

3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife.
The petition must be filed within five (5) years of finding out the facts of the fraud.

4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife.

The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end. 5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

DECLARATION OF NULLITY OF MARRIAGE

In proceedings to declare the marriage void, there is a marriage, but which was void or invalid from the beginning. Legally, it can be said that the marriage did not even exist.

Which marriages does the law consider void from the beginning?
1. Void Due to Minority 2. Marriages where there is no authority of Solemnizing Officer 3. Marriages solemnized without a marriage license 4. Bigamous or Polygamous Marriage. 5. Mistake in Identity

6. Marriages which are Void for Non-Compliance with Requirement 7. Psychological Incapacity of the husband or wife

8. Incestuous Marriages (a) Between ascendants and descendants of any degree; and

(b) Between brothers and sisters, whether of the full or half blood.

9. Marriages between relatives:

(a) between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree; (b) between step-parents and step-children;

(c) between parents-in-law and children-in-law;


(d) between the adopting parent and the adopted child; (e) between the surviving spouse of the adopting parent and the adopted child; (f) between the surviving spouse of the adopted child and the adopter; (g) between an adopted child and and a legitimate child of the adopter;

(h) between adopted children of the same adopter;


(i) between parties where one, with the intention to marry the other, killed the other persons spouse, or his or her own spouse.