I want to file for annulment of my marriage with my husband.

In Philippines
Last Updated: Jan 17, 2024

I wanna seek legal advice on what are the necessary steps that I would have to take. or make if I wanna file for annulment of my marriage with my husband. My husband is currently in prison right now due to the possession and selling of drugs. He's been in prison for almost 3yrs this coming Apr 2024. I wanna know if I have a case of my grounds would be psychological incapacity. I would love to hear your thoughts on this. Thank you and God bless.

Lawyer Answers

Atty. Rainier Mamangun

Atty. Rainier Mamangun

Jan 19, 2024
In the landmark case of Tan-Andal, psychological incapacity was defined as neither a mental incapacity nor a personality disorder that must be proven through expert opinion. There must be proof, however, of the durable or enduring aspects of a person's personality, called "personality structure," which manifests itself through clear acts of dysfunctionality that undermines the family. The spouse's personality structure must make it impossible for him or her to understand and, more important, to comply with his or her essential marital obligations. Proof of these aspects of personality need not be given by an expert. Ordinary witnesses who have been present in the life of the spouses before the latter contracted marriage may testify on behaviors that they have consistently observed from the supposedly incapacitated spouse. You may contact us if you wish to discuss this matter further.
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