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Marriage annulment, also known as a declaration of nullity, is the legal process of declaring a marriage null and void. In the Philippines, annulment is governed by the Family Code of the Philippines, which is a set of laws that regulates family relationships, marriage, and divorce.

Marriage Annulment in the Philippines

Under Philippine law, a marriage may be annulled on the grounds of any of the following:

Lack of legal capacity to marry

This means that one of the parties was not legally qualified to enter into marriage, either because they were below the age of 18 (the minimum legal age for marriage in the Philippines), or because they were already married to someone else.

Lack of consent

This means that one of the parties did not freely and voluntarily consent to the marriage. This may be due to fraud, force, or intimidation.

Psychological incapacity

This means that one of the parties was not capable of performing the essential marital obligations due to a psychological condition or disorder.

Incestuous marriage

This means that the parties are related by blood within the prohibited degrees of consanguinity.

Bigamous marriage

This means that one of the parties was already married to someone else at the time of the marriage.

To file for annulment in the Philippines, one of the parties must file a petition with the proper regional trial court where either party resides. The petitioner must prove the grounds for annulment, and the respondent (the other party to the marriage) has the opportunity to contest the petition.

If the court grants the annulment, it will issue a decree of nullity, which means that the marriage is considered to have never legally existed. This means that any children born during the marriage will still be considered legitimate, but the parties will be free to marry again.

It's worth noting that the process of obtaining an annulment in the Philippines can be complex and time-consuming, and it requires the assistance of a qualified lawyer. It's important to seek legal advice if you are considering seeking an annulment in the Philippines.

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