Grounds for Annulment of Marriage

There are different grounds for nullity and for annulment.

One can file for annulment of marriage if the marriage is considered voidable under Family Code.

As stated in Art. 45 of the Family Code, the following are voidable Marriages and can therefore be annulled by filing a petition for annulment:

1. The party in whose behalf it is sought to have the marriage annulled was eighteen (18) years of age but below twenty-one (21), and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party

EXCEPT: After attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

2. Either party was of unsound mind

EXCEPT: Said party after coming to reason, freely cohabited with the other as husband and wife;

3. The consent of either party was obtained by fraud

EXCEPT: Said party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

4. The consent of either party was obtained by force, intimidation or undue influence

EXCEPT: unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

5. That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

6. That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)