What is the prescription period for marriages celebrated before the Family Code based on psychological incapacity?
There is a unique exception for certain marriages celebrated prior to the effectivity of the Family Code. If the action is based on psychological incapacity, a specific time limit was initially imposed. According to Article 39 Family Code of the Philippines, such actions were required to be filed within ten years. This provided a transitional window for addressing older void marriages after the Code took effect. “However, in the case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall have taken effect.” 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/.
