Dating before annulment

45 of The Family Code of the Philippines states 6 grounds by which the court can annul a marriage. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. One or the either party was of unsound mind at the moment of the marriage. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife.

A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority.

Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of the Regional Court. My husband obtained a divorce in the USA, am I now allowed to remarry? But this is a special circumstance which is covered by the Family Code of the Philippines: ART. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

The process of declaring a marriage bond to be 'null' examines the intention and understanding of both people at the time of their wedding to see if the necessary elements of a full and true marriage were present (i.e., permanence, fidelity, the ability for true companionship and love of the spouses, and openness to generating and educating children).As part of its fundamental teaching on marriage, the Catholic Church does not recognize divorce as ending the bond established in marriage, believing that marriage is binding until death. While the presumption always exists that a marriage is valid, either of the spouses has the right to ask the church to examine this presumption after common life has ceased, there is no hope of reconciliation, and a civil divorce has been obtained.

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