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Understanding Nullity of Marriage for Psychologically Incapacitated Spouses in the Philippines

Updated: Jun 16, 2023


unhappy couple

Are you feeling trapped in a marriage and suspect that you are psychologically incapacitated? Do you believe that there is no way out of an unhappy and unfulfilling marriage due to your condition? It's time to change that mindset and take control of your life.

Understanding Nullity of Marriage in the Philippines

In a recent landmark case (Clavecilla v. Clavecilla, G.R. No. 228127, 6 March 2023), the Supreme Court of the Philippines has declared that a psychologically incapacitated spouse may file a petition for nullity of marriage under Article 36 of the Family Code. This groundbreaking ruling offers hope to individuals who have been silently struggling due to their psychological condition.

Pursuing Nullity of Marriage as a Psychologically Incapacitated Spouse

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Despite feeling powerless in your marriage because of your psychological incapacity, it's important to know that Article 36 does not prohibit the psychologically incapacitated spouse from initiating the action. Additionally, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages allows either spouse to file the petition.

To pursue nullity of marriage, your petition should include specific allegations regarding the incapacity of either or both spouses to comply with the essential marital obligations at the time of the marriage.


If you believe that you have a case, we encourage you to book an appointment with one of our lawyers at Lawyers Online PH. Taking this first step can set you on the path to reclaiming your freedom and well-being.

Remember, seeking nullity of marriage as a psychologically incapacitated spouse may seem daunting, but it's crucial to prioritize your happiness and overall well-being. Don't allow your psychological condition to hold you hostage in a marriage that no longer serves you. Take action now and explore your options. With the right guidance and support, you can regain control of your life and make decisions that are truly in your best interest.

Consulting through our referral platform can provide you with essential guidance and support throughout the process. At Lawyers Online PH, our mission is to connect you with the right professional legal services to uphold your rights and help you traverse the intricacies involved in pursuing nullity of marriage. Allow us to aid you in charting your journey towards a hopeful future.

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