Annulment

A case for annulment or a declaration of nullity of marriage is filed at the Regional Trial Court of the place of your residence or that of your spouse in the Philippines. The ground usually used as basis is Psychological Incapacity under Article 36 of the Philippine Family Code. Psychological Incapacity means the failure to understand and comply with the essential marital obligations of living together and observing mutual love, respect and fidelity owing to a psychological cause. The manifestations of psychological incapacity range from sexual abuse or infidelity, physical or psychological abuse, sexual perversion, homosexuality, abandonment, refusal to give support, refusal to cohabit, drug addiction, alcoholism, excessive jealousy and extreme indolence, among other things. It would be ideal if you could furnish us the details of the case so we could provide you a more definitive assessment and advice.