Can The Marriage Be Annulled If The Parties Were Already Separated For 18 Years?
I had a client who was separated-in-fact with her husband for 18 years. In fact, her husband already cohabited with 2 different women. Allegedly, her husband was able to contract another marriage. She was asking on whether their separation for 18 years would be a ground for annulment. To answer the query of my client, we have to examine what has been provided by our laws. In the Family Code of the Philippines, there are instances provided on which the marriages shall be void from the very beginning or the marriages shall be declared annulled. Only those grounds provide by the Family Code shall be considered and nothing else. In the said Family Code, the following marriages shall be VOID from the beginning: 1. Those contracted by any party below 18 years of age even with the consent of parents or guardian; 2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith ...