Article 45 of the Family Code: Grounds for annulment
Status: In force
What does Article 45 say?
A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, 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.
What does it mean in plain language?
Article 45 lists six grounds for annulment. Each one must already exist at the time of the marriage: no parental consent for a party aged 18 to below 21, unsound mind, fraud, force or intimidation, physical incapacity to consummate the marriage, and a serious sexually-transmissible disease that appears to be incurable. The first four grounds are lost if the spouse later lives with the other freely as husband and wife.
A marriage with one of these defects is called voidable (see voidable marriage). It is challenged in court by an action for annulment. This is different from a void marriage under Article 35 or Article 36, which was never valid at all.
Problems that start after the wedding are not grounds for annulment. Sexual infidelity, or abandonment without justifiable cause for more than one year, for example, are grounds for legal separation under Article 55, which does not end the marriage.
How does it work in real life?
Paolo: married at 19 without his parents' consent
Paolo married Rica when he was 19. His parents never gave their consent. Under Article 45(1), the marriage is voidable. If Paolo turns 21 and then freely keeps living with Rica as husband and wife, he loses this ground. If they separated before he turned 21 and never lived together again, he may still file within the period in Article 47(1).
Liza: a hidden conviction
Before the wedding, Liza's husband did not tell her that he had been convicted by final judgment of a crime involving moral turpitude. Liza finds out two years after the wedding. This is one of the kinds of fraud listed in Article 46, so it fits Article 45(3). If, knowing the truth, she freely continues to live with him as husband and wife, the ground is lost.
Marco: "my wife changed after the wedding"
Marco says his wife became cold and stopped helping at home three years into the marriage. These facts started after the wedding. They are not one of the six grounds of Article 45, which must exist at the time of the marriage.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Annulment is a court case. A public prosecutor takes part to prevent the spouses from working together to fake the case, and no judgment can rest only on what the spouses agree on or admit (Article 48).
- While the case is pending, the court provides for the support of the spouses and the custody and support of their common children, if there is no adequate written agreement between the spouses (Article 49).
- The final judgment also settles property, custody, support and the children's presumptive legitimes (Article 50).
- Children conceived or born before an annulment judgment becomes final and executory are legitimate (Article 54).
- Neither former spouse may remarry until the judgment, the property partition and the delivery of the children's presumptive legitimes are recorded, as Article 53 requires.
- For all grounds side by side with their deadlines, see what are the grounds for annulment?. For void, voidable and legal separation compared, see annulment vs nullity vs legal separation.
What are the six grounds for annulment?
In plain words, a court may annul a marriage if, at the time of the marriage:
- No parental consent (age 18 to below 21). The party was 18 or over but below 21, and the parents, guardian or person with substitute parental authority did not consent. Article 14 is the rule that requires this consent.
- Unsound mind. Either party was of unsound mind.
- Fraud. The consent of either party was obtained by fraud. Only the four kinds of fraud in Article 46 count.
- Force, intimidation or undue influence. Either party was forced or pressured into giving consent.
- Physical incapacity to consummate. Either party was physically unable to consummate the marriage with the other, and this continues and appears to be incurable.
- Serious disease that appears incurable. Either party had a sexually-transmissible disease found to be serious that appears to be incurable.
The article opens with the rule that ties all six grounds to the time of the marriage:
A marriage may be annulled for any of the following causes, existing at the time of the marriage:
When is a ground for annulment lost?
For grounds 1 to 4, Article 45 adds a cure. The ground is lost if the spouse who could file later lives with the other as husband and wife, freely:
- No parental consent: after reaching 21, the party freely cohabited with the other and both lived together as husband and wife.
- Unsound mind: after coming to reason, the party freely cohabited with the other as husband and wife.
- Fraud: with full knowledge of the facts that make up the fraud, the party freely cohabited with the other as husband and wife.
- Force or intimidation: after the force, intimidation or undue influence disappeared or ceased, the party freely cohabited with the other as husband and wife.
This is how the law words the cure for fraud:
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
Grounds 5 and 6 have no such cure in the article. Instead, the article requires that the physical incapacity "continues and appears to be incurable" (ground 5) and that the disease is serious and "appears to be incurable" (ground 6).
Is there a deadline to file for annulment?
Yes. Article 45 says what the grounds are. Article 47 says who may file and until when. Most grounds must be raised within five years, but the starting point differs. For fraud, the five years run from the discovery of the fraud. For grounds 5 and 6, they run from the marriage.
Which Supreme Court rulings are relevant?
Frequently asked questions
Is infidelity a ground for annulment under Article 45?
No. Article 45 covers only defects that already existed at the time of the marriage. Sexual infidelity is a ground for legal separation under Article 55, not for annulment.
What happens if we keep living together after I learn the truth?
For grounds 1 to 4 the ground can be lost. Article 45 says, for example, that fraud no longer counts if the deceived spouse, with full knowledge of the facts, freely cohabited with the other as husband and wife.
Is psychological incapacity one of the grounds in Article 45?
No. Psychological incapacity is in Article 36 and makes a marriage void, not voidable. The court case is a declaration of nullity, even though many people call it an annulment.
Is a marriage with an Article 45 defect valid until the court annuls it?
It is not void from the beginning. Article 45 says such a marriage 'may be annulled', so it is a voidable marriage that must be challenged in court by an action for annulment. A void marriage under Article 35 or 36 is different: it was never valid.
Can I still file if the defect was cured years ago?
Not on that ground. If the cure in Article 45 applies, such as free cohabitation after the force or intimidation ended, the ground is gone. Each ground also has its own filing period in Article 47.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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