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If there is no divorce in the Philippines, how can one obtain an annulment?

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  • 10 years ago
    Favorite Answer

    Annulment could refer to either nullification of a voidable marriage or a judicial declaration of the nullity of marriage. The marriage must be either voidable or void from the start.

    A marriage is voidable for the reasons stated under Art. 45 of the Family Code (summary: no parental consent, unsoundness of mind, fraud - Art. 46, FIT - force, intimidation, threat, impotence and STD).

    A marriage is void for the reasons stated under Arts. 35-38, 41 and 53 of the Family Code (some reasons: non-age, unlicensed, bigamous, polygamous, incestuous, against public policy).

    At least one of these reasons must exist, and for voidable marriages, there is a prescription period from discovery or removal of FIT. This must be proven in court. The Solicitor-General is mandated by law to represent the state and fight for the maintenance of the marriage.

    The annulment in church is a different matter.

  • 10 years ago

    Annulment of a marriage is not a civil process.

    It is ONLY a tradition through the Roman Catholic Church!

    (which BTW, goes directly against the bible!)

    (Just another reason why R.C. is not Christian!)

  • 10 years ago

    http://jlp-law.com/blog/prescription-of-actions-fo...

    Not every marriage can be permitted, even those who have money.

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