Can I have my marriage annulled if my husband concealed the fact that he is an ex-convict or has been convicted of a crime?
It depends.
If your husband has been previously convicted by final judgement of a crime involving moral turpitude, then yes, you can have your marriage annulled if such conviction existed the time of the marriage and he concealed such fact from you pursuant to Articles 45 and 46 of the Family Code. Such situation illustrates that consent was obtained through fraud, unless you freely cohabited with your husband despite knowledge of his criminal conviction. However, under Art. 47 of the Family Code, the wife must file for annulment of marriage within five (5) years from discovery of her husband’s conviction.
However, if the conviction pertains to other crimes (those not involving moral turpitude), then NO. You cannot have your marriage annulled.
24 February 2025
About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
