Abandonment not a ground for marriage annulment
"My husband abandoned me and our children last January 2010. He has not provided financial support to us since then. Can I file for a petition for annulment of our marriage because of his abandonment? Is there any other case which I can file against him for what he did? I hope you can help me.
A petition for annulment is one of the ways of terminating the marriage bonds between the husband and the wife. It may be filed by the husband or the wife, or in some instances, by the parent/s or the guardian of the concerned party. However, not everyone has the right to file for a petition for annulment of marriage. Only marriages which are rendered voidable for causes existing at the time of the marriage may be the subject of a petition for annulment. These are lack of parental consent, unsoundness of the mind, marriage through fraud, force, intimidation or undue influence, physical incapacity to consummate the marriage, and affliction of sexually transmissible disease found to be serious and incurable (Article 45, Family Code of the Philippines). Abandonment is not one of the grounds for annulment. Instead, it is only a ground for legal separation as provided in Article 55 of the Family Code of the Philippines, to wit:“Article 55. A petition for legal separation may be filed on any of the following grounds:
xxx9. Abandonment of petitioner by the respondent without justifiable cause for more than one year.
xxx”Hence, you may only file a Petition for Legal Separation based on the ground of abandonment by your husband. It may be filed in the Family Court of the place where you or your husband currently resides. Note, however, that a decree of legal separation does not have the same effects as that of a decree of annulment. In legal separation, the spouses shall be entitled to live separately from each other, but their marriage bonds shall not be severed (Article 63, Family Code of the Philippines).Abandonment and failure to provide financial support are also among the acts of violence penalized under Republic Act (RA) No. 9262 or the Anti-Violence Against Women and their Children Act of 2004. On this note, we would like to invite you to go to the Public Attorney’s Office nearest to your place of residence so you can tell the whole details of your concerns. We have trained and dedicated lawyers who are more than willing to help you with your legal predicament. Our district offices are usually located at or near the municipal hall, city hall, provincial hall or hall of justice of each respective municipality, city or province.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com."
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"Abandonment not a ground for marriage annulment"
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and updated on 14 September 2021