Nullity of marriage under Article 36 of the Family Code is popular among Filipino couples who want to call it quits. Article 36 is the ground based on psychological incapacity of one or both parties to fulfill the essential marital obligations, which will render the marriage void from the beginning. Here are facts you need to know and determine if you plan to use this law on your own vow:

  1. It is not ministerial for the judge to grant your petition. Petition using Art. 36 will not give you a sure ticket to freedom. You have to prove that one or both of you are psychologically incapacitated to fulfill the marital obligations. The burden of proof rests on you even if your spouse did not participate in the proceedings. If you can’t convince the judge, the marriage stays valid.
  2. Psychological incapacity is not necessarily equated to mental disability. If you file a petition and you were declared by the court to be psychologically incapacitated, it does not necessarily mean you are mentally unstable and incapable of rearing your children or incapable of entering into a new marriage. Psychological incapacity will not prejudice you on other matters except on the outcome of your petition.
  3. You need to appear in court at least once to testify. If you hear someone offering a “non-appearance” annulment case, go and run far away. As petitioner to an annulment case, you need to appear in court physically and testify at least once. Those peddling “non-appearance” are illegal because they will make it appear in court records that you appeared and testify even if not true, forging your signature in the minutes of the hearing. Not only you might be implicated in a crime but it will jeopardize the outcome of your petition.
  4. You do not need the consent of your spouse. You can file the petition by yourself and in fact, you must not tell the court that you consulted your spouse before filing the case, for it may be construed as “collusion” between the parties. This will lead to the immediate dismissal of your case.
  5. The proceedings take years to conclude. Beware of someone offering annulment which will take less than a year. Ordinary court proceedings here in our country is slow. Several postponements, numerous cases pending, unavailability of prosecutors and witnesses are just several things that contributed to this slow legal process.
  6. Annulment is expensive. If you spend a little fortune on your marriage, be prepared to spend the same or if not more, on your plans to sever that bond. There are annulment “packages” which ranges from P150,000, P250,000 to P500,000 depending whose lawyer you engage.
  7. Granting of the petition will not make your children illegitimate. If your petition for nullity will be granted under Art. 36, your children will still be considered as legitimate and they will enjoy its privileges under the law.