When a marriage fails in the Philippines, many couples look for legal avenues like annulment to regain their single status. Two of the most significant factors that often arise in these discussions are the lack of parental consent and the process of annulment without children in the Philippines.
Understanding the Necessity of Parental Consent
Under the Family Code of the Philippines, age plays a vital role in the validity of a marriage. If either party is at least 18 but below 21 years old, the law necessitates the "express consent" of their father, mother, or guardian.
If the wedding occurs despite the lack of parental consent, the union is not automatically void, but it is "voidable." This means that the party who was required to have consent—or the parent whose consent was missing—can file a petition to have the marriage annulled.
Annulment Without Children in the Philippines: A Simpler Path?
Many people believe that an annulment without children in the Philippines is a much faster or simpler process. While the lack of children removes the complexities of custody and support, the petitioner must still present a strong legal case based on the Family Code.
Without children to consider, the legal proceedings concentrate on the circumstances of the wedding and the distribution of properties. However, the procedural requirements—such as the mandatory investigation by the public prosecutor to ensure there is no collusion—remain mandatory.
What You Need to Know Before Starting the Process
For those using the lack of parental consent as a ground, it is important to act within the legal timeframe. The petition must generally be filed within five years after the party reaches the age of 21.
Professional guidance is indispensable when navigating the hurdles of the legal system annulment without children philippines to ensure your rights are protected throughout the process.