Tuesday, March 10, 2015

Annulment of Marriage in the Philippines: Psychological Incapacity

Finally the law is listening to the many citizens and families caught in a long, arduous legal battle getting a marriage annulled. Thank you Supreme Court!

Read up on the latest news on the grounds of  Psychological Incapacity:
SC relaxes rules on PH annulment of marriage on ground of psychological incapacity

Since there is no divorce law in the country, couples can only go for a legal separation or an annulment. Annulment is a move to 'void' the marriage on legally accepted grounds and the most used one is 'Psychological Incapacity'

According to the Supreme Court on the recent Annulment ruling on Psychological Incapacity - they are "not demolishing the foundation of families but is actually protecting the sanctity of marriage, because it refuses to allow a person afflicted with a psychological disorder, who cannot comply with or assume the essential marital obligations from remaining in that sacred bond."

The SC added that the courts may be flooded by petitions for nullity of marriage but there is no reason to be worried because of ample safeguards such as intervention of the government.

“The court should rather be alarmed by the rising number of cases involving marital abuse, child abuse, domestic violence and incestuous rape."

The whole thing is tricky and quite uptight since the Catholic Church made sure local laws were in their favor in keeping people 'married' for as long as the law could keep them together. Even though most families and parties are physically separated and living with other people already. But I'm glad the Church is slowly losing its influence in matters that affect the population's welfare such as contraceptives and family law. We really have to control our population, it's about time!

Unfortunately, besides being very complicated, the annulment process is known to be quite expensive and often times seems to favor the rich or those who can afford it. The rich are able to speed up the legal proceedings that the average Filipino couple (those that could barely afford legal fees) have to wait years. Sometimes their children are already full grown adults by the time their parents are declared 'annulled' in the eyes of the law. According to a CNN report on Divorce, a married couple seeking annulment in the Philippines needs to shell out a minimum of $4,000 (P180,000) currently required to end their marriage legally.

So what are the Grounds for the Annulment of Marriage? Atty Fred, a Philippine family lawyer discusses the basics of the issue here. And read more on Philippine Annulment and Separation here.


Everyone deserves to be happy, why keep people trapped in unhappy relationships?

Sometimes when a marriage goes 'void' - it even works out for the better for both parties. Eventually finding their own kind of happiness.

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