Tag Archives: psychological incapacity

“Relaxed” Rules on Psychological Incapacity to Annul Marriages

A recent newspaper article got my attention. “SC relaxes rules on psychological incapacity as ground to annul marriages,” says the news title in a popular newspaper. I traced the case, Valerio E. Kalaw vs. Ma. Elena Fernandez (G.R. No. 166357, 14 January 2015), and proceeded to check if the Supreme Court really “relaxed” the rules in that case. Continue reading

Church Annulment and Court Annulment

Annulment, loosely referring to the processes of declaration of nullity or annulment itself, is complicated, time-consuming and expensive. This is the usual complaint we’ve heard from clients, both existing and prospective, on the only legal process allowed by Philippine law to end marriage for Christians. Of course, we’ve known a lot of cases when people converted to Islam in an attempt to take advantage of the divorce provisions under Sharia law. The other alternative is death, which severs the marital bond (incidentally, any attempt on the life of the other spouse is merely a ground for legal separation). Continue reading

Failure to Have a Child (infertility) is Not a Ground for Annulment; Refusal to Have Sex is Tricky

A warning: this article requires parental guidance. Children and minors, stop reading. The query goes like this: “Atty, kasal po ako pero in 2 months nagpasya kaming maghiwalay kasi di me satisfy sa kanya at dipa sia manganganak.” I really have to retain the gist of that query, even if I have to make slight changes on how it is worded. The issue is this: if the wife cannot conceive (or, conversely, if the husband is infertile) and the spouses cannot have children, is this enough ground for annulment? The related issue: if a spouse is not sexually satisfied with his/her partner, is this a ground for annulment? Continue reading

Issues on Money, Family, Friends, Marriage and Annulment

Can money, family, friends issues in our marriage be filed for annulment? I’ve been married for 2 years but a lot of issues has completely destroyed our marriage and i want to file an annulment. I am currently living abroad.” (We will feature certain comments so we save time when addressing related concerns. No legal advice, only legal information. See discussion below.) Continue reading

Receiving a Letter-Invite for Assessment in Psychological Incapacity

A considerable number of queries in this blog involves a scenario where one of the spouses receives a letter from a psychologist, inviting the said spouse for an interview or assessment to determine the existence of psychological incapacity. The usual query is whether the spouse who received the notice should participate and, in general, what on earth is this notice? The more recent inquiry is found in the post on “Annulment in the Philippines: Questions and Answers (Part 3)“. Continue reading

You Cannot File a Second Annulment Case

A number of queries have reached us whether a married person can re-file a petition for annulment or declaration of nullity when the previous petition was previously dismissed. The first petition is usually based on psychological incapacity under Article 36 of the Family Code and the second petition is almost always based on a different ground. Continue reading