ANNULMENT OF MARRIAGE

WHO MAY FILE ACTION, WHEN TO FILE, AND WHO MAY RATIFY

Ground Who may file When to file Ratification by

No consent (a) no consent party
(b) parent or legal guardian of
no consent party
(a) within 5 years from time
he/she reaches 21 years
old
(b) before no consent party
reaches 21
Cohabitation
Provided that no consent
party, after reaching 21, did
not freely cohabit with the
other

(the spouse who does not need

consent cannot file)
(a)
Insanity (a) sane spouse who had no (a) any time before death of Provided that insane party,
knowledge either party after coming to reason, did
(sane spouse with knowledge not freely cohabit with the
cannot file) other

(b) insane spouse (b) any time during lucid (sane spouse cannot ratify)
interval or after regaining
sanity

(c) relative, guardian, or person (c) any time before death of

having legal charge over insane either party
person

Fraud Injured party Within 5 years from time Provided that injured party,
fraud was discovered after full knowledge of facts
constituting fraud, did not
freely cohabit with the other

Force, threat, Injured party Within 5 years from time Provided that injured party,
undue intimidation force, threat, undue after FTU ceased or
intimidation ceased or disappeared, did not freely
disappeared cohabit with the other

Physically Injured party Within 5 years after the Not applicable

incapable to celebration of the marriage
consummate the
marriage
Serious and Injured party Within 5 years after the Not applicable
incurable STD celebration of the marriage