In a country where divorce has not yet been legalized the next available option for couples who have reached the end of the line is marriage annulment. Before anyone can declare nullity of marriage, it is important that you have clearly understood what an annulment is.
Common questions on annulment of marriage answered:
1. What is an annulment?
In a nutshell, the term is referred to by non-lawyers as cases undergoing annulment proceedings. On a legal perspective, it refers to annulment cases that fall under a specific Family Code. On the other hand, annulment of marriage is a court process that nullifies marital union. Even if couples are no longer living together, marriage remains valid until the court provides declaration of nullity. Note that void marriage is entirely different from voidable marriage. One cannot file the petition for annulment if the marriage has been considered void or invalid.
2. What are the grounds of marriage annulment?
• Lack of parental consent.
• Insanity
• Fraud
• Consent gained by force or intimidation
• Physical incapacity
• Sexually Transmitted Disease
3. What are the factors that cannot be considered grounds for annulment?
• Infidelity
• Separation
4. How do you get started with the annulment process?
You will need to get an attorney for the process and be asked to write your marital history. You need to provide detailed information including the date you met your spouse. The description needs to be vivid and should also include the personality of your spouse as this is part of the case assessment. You will have to undergo psychological evaluation process to ensure that you have a sound mind when the petition was filed. After the psychological evaluation, drafting and filing of petition will follow. You need to sign the petition before it is sent to the Regional Trial Court.
Your spouse will receive a notification, referred to as summons informing him that a petition was filed. The petition needs to be answered 15 days from receipt. Notices will be served through publication in case the spouse is not in the country. There will be a series of investigation before the trial stage commences.
5. Who is entitled for child custody in case of an annulment?
Joint custody will be awarded unless the children have not reached the age of seven. For children below seven years old, the custody will be given to the mother and the father is given visiting privileges.
6. Does filing the petition guarantee a marriage annulment?
There is no guarantee that annulment will be granted and even the lawyers are prohibited to guarantee the outcome of the cases.
7. What is the average time frame for the proceedings to be completed?
On average, a decision is made within a year because there are several factors that must be taken into account such as the availability of the judge, court personnel, prosecutor, petitioner and psychologist. The time frame may also vary from place to place.
8. Can petition for annulment be filed without the spouse’s consent?
The consent or signature of your spouse will not be required if you wish to file a petition for marriage annulment. In fact, parties should not come to an agreement about filing the annulment petition. Investigations will also be conducted to check if both parties had a mutual agreement of filing the petition or have been fabricating evidence.