1. Minority (those contracted by any party below 18 years
of age even with the consent of parents or guardians).
1. 2. 3.
2. Lack of authority of solemnizing officer (those
solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so). 3. Absence of marriage license (except in certain cases). 4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively dead). 5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other). 6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties of the first marriage; and (ii) delivery of the childrens presumptive legitime. 7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood). 8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other persons spouse, or his or her own spouse. 9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already
4. 5. 6.
Grounds for annulment
Lack of parental consent Insanity of one of the parties Fraud
Circumstances constituting fraud:
a. Non-disclosure of conviction by final judgment of crime involving moral turpitude b. Concealment of pregnancy by a man other than her husband c. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of marriage d. Concealment of drug addiction, habitual alcoholism, homosexuality and lesbianism Force, intimidation or undue influence Impotency Affliction of sexually transmissible disease found to be serious and which appears incurable
Grounds for Legal Separation
Repeated physical violence or grossly abusive conduct directed against petitioner, a common child or a child of the petitioner 2. Physical violence or moral pressure to compel change in religious or political affiliation 3. Attempt to corrupt or induce petitioner to engage in prostitution or connivance in such corruption or inducement 4. Final judgment sentencing respondent to imprisonment of more than 6 years 5. Drug addiction or habitual alcoholism 6. Lesbianism or homosexuality 7. Subsequent bigamous marriage 8. Sexual infidelity or perversion 9. Attempt by despondent against the life of the petitioner 10. Abandonment for more than one year without justifiable cause 1.
discussed the guidelines and illustrations of psychological
incapacity, including a case involvinghabitual lying, as well as the steps and procedure in filing a petition. Please note, however, that there are still other grounds to declare a marriage as null and void.