Saturday, May 18, 2013

Dear Pinayjustice: Can our marriage be annulled because we cannot get along with each other?


Dear Attorney,
Good day. Is it possible for me and my husband to have our marriage annulled because we cannot get along with each other anymore? It has been months since we decided to live separately. He sends financial support for our child. If our marriage can be annulled for that reason, how much will we spend for the case? - MD 
Dear MD,
Our law considers marriage so binding, that it is very difficult to have it annulled. Under Philippine law, there are only six reasons (grounds) for having a marriage annulled, and this does not include the fact that the spouses cannot get along with each other.
These six reasons have something to do with defective consent to the marriage, so that these must exist on the wedding day:
1) Either the man or woman was 18 to 20 years old, but did not get parental consent;
2) Either the man or woman was of unsound mind;
3) Consent of either the man or woman was obtained by fraud;
4) Consent was obtained by force, intimidation, or undue influence;
5) The man or woman is physically incapable of consummating the marriage;
6) The man or woman had sexually transmissible disease that is serious and appears incurable.
There are limitations to these, so if you would like more explanation, I advice you to consult a Philippine family law expert.