Learn more about Annulment of Marriage Based on Psychological Incapacity

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[SIZE=3]CRAZY FOR YOU[/SIZE]
[SIZE=3]Annulment of Marriage Based on Psychological Incapacity[/SIZE]

[SIZE=3]Divorce is not legal in the Philippines. But the law has devised a way out for couples who cannot stay together under Article 36 of the Family Code on the ground of a mental state termed as “psychological incapacity”: [/SIZE]

[SIZE=3]“A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization (As amended by E.O. 227).”[/SIZE]

[SIZE=3]Psychological incapacity appears to be a catch-all phrase. It is not susceptible to exact definition, which was the intent of the framers of the law.[/SIZE]

[SIZE=3]“The Committee did not give any examples of psychological incapacity for fear that the giving of examples would limit the applicability of the provision under the principles of ejusdem generis. Rather, the Committee would like the judge to interpret the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals which, although not binding on the civil courts, may be given persuasive effect since the provision was taken from Canon Law.” SALITA vs. MAGTOLIS, et al,.[G.R. No. 106429. June 13, 1994.] …..[/SIZE]

[SIZE=3]Read on at [/SIZE][SIZE=3]http://thelegallyinclined.wordpress.com[/SIZE][SIZE=3] . Feel free to forward the link to your friends and colleagues. And leave some feedback if you can.[/SIZE]

[heavenn75]

hi! i just wanna inquire regarding annulment. how much will it cost & how long? my friend is planning to file. thanks!

[beereo]

Based on the book of the late Justice Paras, "psychological incapacity" is the condition of a person who does not have the mind, will, and heart for the performance of marital obligations. Even if the incapacity to comply with the essential marital obligations, as set forth in Art. 68 of our Family Code, manifests
after the solemnization of the marriage it could still be considered void. by virtue of Art. 36 of the aforementioned Code.

NOTA BENE: Art. 68 The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.

[beereo]

hi! i just wanna inquire regarding annulment. how much will it cost & how long? my friend is planning to file. thanks!

It will cost about more than one-hundred thousand pesos considering the payment of attorney's fees, fees of a duly recognized psychiatrist including court and filing fees. The parties involved (spouses) will only subject themselves to a tedious court proceeding that will go all the way up to the Supreme Court if one of the parties' lawyer wishes to assail the decision of lower
courts. Not only that, the childrens' state of of mind and opinion about a functional family will be greatly jeopardized.

[ghosthunter]

hi! i just wanna inquire regarding annulment. how much will it cost & how long? my friend is planning to file. thanks!

The cost depends but it would vary from 150K to 250K.

The length of the process would take 8 months to a year.

The funny thing, although divorce is illegal in the Philippines, you can see so many marital annulment cases in the posted daily court schedules.

[ThePatriarch]

The cost depends but it would vary from 150K to 250K.

The length of the process would take 8 months to a year.

The funny thing, although divorce is illegal in the Philippines, you can see so many marital annulment cases in the posted daily court schedules.

Accurate ang figures mo bro...

To the thread starter, just be sure your friend consults/engages a reputable lawyer. There are some cases wherein the lawyer overcharges the client by imposing 'miscellaneous' fees other than what is agreed upon. Good luck!

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The funny thing, although divorce is illegal in the Philippines, you can see so many marital annulment cases in the posted daily court schedules.

true. divorce is not allowed in the Philippines but there is annulment which by the way is not limited only to psychological incapacity who have the same effect as divorce.

same dog different collar.

[ghosthunter]

true. divorce is not allowed in the Philippines but there is annulment which by the way is not limited only to psychological incapacity who have the same effect as divorce.

same dog different collar.

Same dog... but costs much much more than it should and takes too much time from start to conclusion. Just another thing to show that it's only the ones with the money that can get their way with the screwed up local system of laws we have in the Philippines.

[compact]

i can recall vividly our family code professor saying that annulment was the framers way to please the church because they strongly opposed divorce.

[jvdejesus05]

r der any other grounds for a couple to be annulled?