7/23/2019 Grounds for Nullity, Annulment and Legal Separation

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Grounds for Declaration of Nullity Grounds for annulment Grounds for Legal Separation

1. Minority  (those contracted by any party below 18 years

of age even with the consent of parents or guardians).

2. Lack of authority of solemnizing ocer  (thosesolemnized 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 ocer had the legal authority to do so).

. !bsence of marriage license (e"cept in certain cases).

#. $igamous or polygamous marriages (e"cept in cases

where the other spouse is declared as presumptively

dead).

%. Mistake in identity (those contracted through mista&e of 

one contracting party as to the identity of the other).

'. !fter securing a udgement of annulment or of asolute

nullity of mariage, the parties, before entering into the

subseuent marriage, failed to record with the appropriate

registry the* (i) partition and distribute the properties of

the +rst marriage and (ii) delivery of the children-s

presumptive legitime.

. 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 . /arriages between (i)

collateral blood relatives whether legitimate or

illegitimate, up to the fourth civil degree (ii) step0parents

and step0children (iii) parents0in0law and children0in0law

(iv) adopting parent and the adopted child (v) survivingspouse 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 (i")

parties where one, with the intention to marry the other,

&illed that other person-s spouse, or his or her own spouse.

. Psychological Incapacity . sychological incapacity,

which a ground for annulment of marriage, contemplates

downright incapacity or inability to ta&e cognizance of and

to assume the basic marital obligations not a mere

refusal, neglect or diculty, much less, ill will, on the part

of the errant spouse. 3rreconcilable di4erences, con5icting

personalities, emotional immaturity and irresponsibility,physical abuse, habitual alcoholism, se"ual in+delity or

perversion, and abandonment, by themselves, also do not

warrant a +nding of psychological incapacity. 6e already

1. 7ac& of parental consent

2. 3nsanity of one of the parties

. raud

• 9ircumstances constituting fraud*

a. :on0disclosure of conviction by +nal

 udgment of crime involving moral

turpitude

b. 9oncealment of pregnancy by a man

other than her husband

c. 9oncealment of se"ually transmissible

disease, regardless of its nature, e"istingat the time of marriage

d. 9oncealment of drug addiction, habitual

alcoholism, homose"uality and

lesbianism

#. orce, intimidation or undue in5uence

%. 3mpotency

'. !;iction of se"ually transmissible disease foundto be serious and which appears incurable

1. <epeated physical violence or grossly abusive

conduct directed against petitioner, a common

child or a child of the petitioner

2. hysical violence or moral pressure to compel

change in religious or political aliation

. !ttempt to corrupt or induce petitioner to engage

in prostitution or connivance in such corruption or

inducement

#. inal udgment sentencing respondent to

imprisonment of more than ' years

%. =rug addiction or habitual alcoholism'. 7esbianism or homose"uality

. >ubseuent bigamous marriage8. >e"ual in+delity or perversion

. !ttempt by despondent against the life of the

petitioner

1?. !bandonment for more than one year without

 usti+able cause

7/23/2019 Grounds for Nullity, Annulment and Legal Separation

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discussed the guidelines and illustrations of psychological

incapacity, including a case involvinghabitual lying, as well

as the steps and procedure in +ling a petition.

lease note, however, that there are still other grounds to

declare a marriage as null and void.