VIII.

ANNULMENT OF MARRIAGE
AND LEGAL SEPARATION
 Art. 35 – void marriages

1. lack of age
2. no authority to solemnize- except either or
both believed
3. No marriage license, except provided by law
4. bigamous/polygamous marriages
except contracted in case spouse had been absent
for four years or two years, and present spouse
has a well-founded belief that absent spouse was
already dead.
VIII.ANNULMENT OF MARRIAGE
AND LEGAL SEPARATION
 4. contracted through mistake of one party as
to the identity of the other

5. subsequent marriages void under Art. 53

(subsequent marriage without delivering the
presumptive legitimes of compulsory heirs.
VIII.ANNULMENT OF MARRIAGE
AND LEGAL SEPARATION
 Article 36. Psychological Incapacity- incapacity to comply the essential
marital obligation

 Examples of psychological incapacity:

1. Husband/wife refuses to dwell with and subsequently leave the

Spouse without fault of the other;
2. Husband/wife leaves the spouse without justifiable cause;
3. Husband/wife refuses to have sex with the other spouse;
4. Wife refuses to have children;
5. There is unbearable jealousy on the part of either party, hence,
Making life of the parties unbearable;
6. Immaturity or where is there is lack of rational judgment and
Responsibility as when the husband refuses to support the family;
7. Husband or wife cannot shoulder the heavy responsibility of being
A parent;
VIII.ANNULMENT OF MARRIAGE
AND LEGAL SEPARATION
 Art. 37 Incestous marriages- Void ab initio

- between ascendants and descendants of any

degree

-between brothers and sisters, whether of full or

half blood.
VIII.ANNULMENT OF MARRIAGE
AND LEGAL SEPARATION
 Art. 38 Marriages void by reason of public
policy- void ab initio
1. between collateral blood relatives, whether
legitimate or illegitimate, up to the fourth
civil degree.
2. between step-parents and step-children
3. between parents-in-law and children-in-law
4. between adopting parent and adopted child
5. between surviving spouse of the adopting
parent and the adopted child
VIII.ANNULMENT OF MARRIAGE
AND LEGAL SEPARATION
Petition for Declaration of Presumptive Death:

 To contract a subsequent marriage, the other spouse

must be absent for 4 years or 2 years, and the present
spouse has well-founded belief that the absent spouse
was already dead. (41)