Does psychological incapacity need to be manifest during the marriage celebration to void the marriage?
Psychological incapacity does not necessarily have to be overtly visible or manifest on the actual wedding day. The incapacity must exist at the time of the celebration, but its symptoms can appear much later. This important legal standard is confirmed by Article 36 Family Code of the Philippines. Therefore, even if the incapacity becomes manifest only after solemnization, the marriage is still considered void. “Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.” 31-Jul-26About 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/.
