Article 47 of the Family Code: Who may file for annulment and until when
Status: In force
What does Article 47 say?
The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other’s insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage.
What does it mean in plain language?
Article 47 says who may file for annulment and until when, ground by ground. For most grounds the deadline is five years, but it is counted from a different event: after turning 21, after discovering the fraud, after the force or intimidation ceased, or after the marriage. For unsound mind, the article names who may file but sets no five-year period.
Article 47 applies only to voidable marriages, the six grounds of Article 45. A void marriage follows a different rule: under Article 39, the action to declare it void does not prescribe.
Missing the deadline matters. Once the period has passed, the annulment case on that ground can no longer be brought. Grounds 1 to 4 can also be lost earlier, if the spouse freely lives with the other as husband and wife in the situations Article 45 describes.
How does it work in real life?
Ana: married at 18 without consent
Ana married at 18 without her parents' consent. Her mother may file for annulment at any time before Ana reaches 21. After Ana turns 21, only Ana may file, within five years after reaching 21, so until she is 26. If, after turning 21, she freely lives with her husband as husband and wife, she loses the ground (Article 45(1)).
Jun: fraud discovered late
Jun married in 2016. In 2024 he discovers that, before the wedding, his wife hid a drug addiction she already had. The five years for fraud run from the discovery in 2024, not from the 2016 wedding. If, knowing the facts, he freely continues to live with her as husband and wife, the ground is lost (Article 45(3)).
Bea: threats that stopped
Bea's family threatened her into marrying in 2019. The threats ended in 2021, when she moved away. Her five years run from 2021, when the intimidation ceased. If she freely lived with her husband as husband and wife after that, she would lose the ground (Article 45(4)).
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?
- Deadlines are strict. A lawyer or the Public Attorney's Office can check the dates in your situation; see where to find free legal help.
- Even within the deadline, the court needs evidence. The spouses' agreement or admission is not enough, and a public prosecutor takes part (Article 48).
- Some grounds are cured by free cohabitation before the deadline ends (Article 45). A case filed within five years can still fail if the cure applies.
- The kinds of fraud that count are only those in Article 46.
- For all grounds and deadlines together, see what are the grounds for annulment?. Filing deadlines are not the same as the length of the case; see how long does an annulment take?
Who may file for annulment, and what is the deadline for each ground?
| Ground (Article 45) | Who may file (Article 47) | Deadline |
|---|---|---|
| (1) No parental consent, age 18 to below 21 | The party whose parent or guardian did not consent; or the parent, guardian or person having legal charge of the minor | The party: within five years after reaching 21. The parent or guardian: at any time before the party reaches 21 |
| (2) Unsound mind | The spouse who had no knowledge of the other's insanity; a relative, guardian or person having legal charge of the insane; or the insane spouse during a lucid interval or after regaining sanity | No five-year period; the article uses the words "at any time before the death of either party" (see the full text below) |
| (3) Fraud (Article 46) | The injured party | Within five years after the discovery of the fraud |
| (4) Force, intimidation or undue influence | The injured party | Within five years from the time the force, intimidation or undue influence disappeared or ceased |
| (5) Physical incapacity to consummate | The injured party | Within five years after the marriage |
| (6) Serious sexually-transmissible disease that appears to be incurable | The injured party | Within five years after the marriage |
What does Article 47 say about unsound mind?
Ground 2 is worded differently from the others. This is the text as stored from the Supreme Court E-Library:
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other’s insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;
The text names the spouse "who had no knowledge of the other's insanity". The sentence also lets a relative, guardian or person in legal charge of the insane spouse file, and the insane spouse during a lucid interval or after regaining sanity.
How are the five years counted?
The law counts each period from a fixed event:
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud; (4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased; (5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage.
So for fraud the clock starts on the day the injured party discovers it, even if that is many years after the wedding. For incapacity to consummate and serious disease, the clock starts on the date of the marriage.
Frequently asked questions
How many years do I have to file for annulment?
For most grounds, five years, but the start differs: after turning 21 (no parental consent), after discovering the fraud, after the force or intimidation ceased, or after the marriage (incapacity to consummate and serious disease). Article 47 sets no five-year period for unsound mind.
Can my parents file the annulment for me?
On the ground of no parental consent, a parent, guardian or person having legal charge of the minor may file, but only before the party reaches the age of twenty-one (Article 47(1)). On the ground of unsound mind, a relative, guardian or person having legal charge of the insane spouse may file (Article 47(2)). On the other grounds, the action belongs to the injured party.
Is there a deadline for a void marriage too?
No. Article 47 applies to annulment of voidable marriages. For void marriages, Article 39 says the action or defense for the declaration of absolute nullity does not prescribe.
Can the spouse who committed the fraud file for annulment?
No. For fraud, force, intimidation, undue influence, incapacity to consummate and serious disease, Article 47 gives the action to the injured party.
What if I miss the five-year deadline?
The annulment case on that ground can no longer be filed. Depending on the facts, another case may still be open, such as a declaration of nullity, which has no deadline. Ask a lawyer or the Public Attorney's Office.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?