Respostas de Advogados
Ascendance International Consulting (A-I-C)
In the Philippines, a marriage can be annulled (declared void) on the ground of psychological incapacity under Article 36 of the Family Code, but the burden of proof is high. To succeed, you would need to demonstrate—through credible testimony, medical or psychological evaluations, and other documentary evidence—that either you or your spouse were truly incapable of fulfilling essential marital obligations at the time of the wedding. Infidelity and the existence of a child with another man, while serious breaches of marital fidelity, are not themselves grounds for annulment; they may be relevant to proving psychological incapacity if you can show that such behavior reflects an inability to perform marital duties.
If you wish to pursue an annulment, the case must be filed in the appropriate Family Court where the marriage was celebrated, and you will need to submit a verified petition, supporting affidavits, and expert reports. The process can be lengthy and costly, and the court will assess whether the alleged incapacity existed at the time of the marriage, not merely after it began. I recommend gathering any relevant records (e.g., medical reports, testimonies from witnesses who observed the incapacity) and advice specific to your circumstances, it’s advisable for a consulation.
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