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A declaration of nullity applies to marriages that are void from the start — for example those missing an essential or formal requisite, bigamous marriages, and marriages where a party is psychologically incapacitated under Article 36 of the Family Code.
Annulment applies to voidable marriages, on grounds existing at the time of marriage such as lack of parental consent for a party of the required age, unsound mind, fraud, force, intimidation, undue influence, or physical incapacity to consummate. Each ground has its own requirements and prescriptive period, which our full report sets out.
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Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.