Grounds for Annulment

posted Oct 11, 2011, 9:00 PM by Admin ---   [ updated Oct 15, 2011, 10:14 PM ]
A marriage may be annulled for any of the following cause existing at the time of the marraige:
  • Lack of Parental Consent
When either of the parties is eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order. 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.

  •  Either Party was of Unsound Mind
Either party can file an Annulment of Marriage if one of the parties was of unsound mind at the time of their marriage, unless such party after coming to reason, freely cohabited with the other as husband and wife.

  • Consent Obtained by Fraud
Annulment can be filed if consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. 

Fraud may include any of the following circumstances:
  • Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
  • Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
  • Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
  • Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

  • Consent Obtained by Force, Intimidation or Undue Influence
If at the time of the marriage consent by either party was obtained thru force, intimidation or undue influence,  Petition for Annulment  can be filed, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife.

  • Either Party was Physically Incapable of Consummating the Marriage (Impotence) 
At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. 

  • Either Party was afflicted with a Sexually-Transmissible Disease (STD)
Either party was at the time of marriage afflicted with a sexually-transmissible disease found to be be serious and appears to be incurable.  

Take note that IRRECONCILABLE DIFFERENCES and INFIDELITY are not grounds for annulment.