What is an annulment?

Yes. An annulment is the legal declaration that a voidable marriage is null and without legal effect from the beginning.

The Family Code of the Philippines governs annulment of voidable marriages. Article 4 states that "A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45." Article 45 enumerates the grounds for annulment, such as lack of parental consent for parties between eighteen and twenty-one years old, unsoundness of mind, consent obtained by fraud, force, intimidation or undue influence, physical incapacity to consummate the marriage, and serious sexually-transmissible disease. Section 1 of the Family Code clarifies that petitions for annulment of voidable marriages are governed by its rules. Section 3 specifies who may file for annulment and the time limits for filing. The annulment process requires proof of the grounds alleged, as stated in Section 17. The Civil Code also defines voidable contracts and their annulment in Article 1390, which applies analogously to marriage contracts. A voidable marriage is considered valid until annulled by a court, unlike a void marriage or a legal separation.

Here, annulment applies only to voidable marriages, which are valid until annulled by a court. The grounds for annulment must have existed at the time of the marriage and must be proven in court. The petition must be filed by the proper party within the prescribed period. The Family Code’s Article 45 grounds must be satisfied, such as lack of consent or fraud. If these conditions are met, the court may declare the marriage annulled, meaning it is treated as if it never existed legally. The annulment differs from absolute nullity, which applies to void marriages that are invalid from the start.

Hence, annulment is the judicial declaration that a voidable marriage is null from the beginning due to defects in essential requisites existing at the time of marriage, as provided in Article 45 of the Family Code. It requires a petition filed by the proper party within the prescribed period and proof of the grounds in court. The annulled marriage is treated as if it never existed legally.