Marriage is a challenge to spouses. When the spouses fail such challenges especially in the Philippines, they face a much bigger challenge of severing marriage ties. This severing is commonly called Annulment likely to be petitioned as Nullity.
The first thing to do in Annulment is to gather all the information needed to build the case. With such information, Your Firm will determine what proper ground would best fit the case. Such grounds for annulment include:
- Minority (i.e. below 18 years old) and lack of parental consent (at 21 years of age);
- Insanity or unsound mind at the time of marriage;
- Fraud, force, intimidation or undue influence which vitiate consent;
- Physical Incapability of consummating marriage that is incurable;
- Sexually-transmitted disease which is serious and incurable; and
- Psychological incapacity.
The most common used ground in annulment cases is Psychological Incapacity because of the difficulty in satisfying the other grounds.
What then is Psychological Incapacity?
This really depends on a case to case basis centering on a spouse’s failure to comply with essential marital obligations.
As per The Family Code, essential marital obligations are to:
(a) Procreate;
(b) Live together under one home;
(c) Observe mutual love, respect and fidelity;
(d) Render mutual help and support;
(e) Jointly support the family; and
(f) Not bring danger, dishonor or injury to each other or to the family.
Based on most of annulment cases filed, psychological incapacity is shown by either party’s defiance to work for the benefit of the family without any remorse, compulsive gambling, jealousy without proof or substance/chemical abuse. Other reasons can be used with basis and expert opinion.
A psychiatrist is not necessary but an expert’s advice along with the case facts impacts and convinces judges more.
