In the Philippines, the grounds for annulment are limited to the following (based on the Family Code):
- Lack of parental consent at the time of marriage (if the one or both parties was below 21 years old at the time of marriage)
- Psychological incapacity
- Force, intimidation, or undue influence
- Sexually transmissible diseases.
Believe it or not, unfaithfulness (in its full form otherwise known as adultery and concubinage) is not enough reason to get an annulment. Sadly, too, you cannot separate from your spouse because he or she is gay. Even that will not hold water in a family court — IF you knew about your spouse’s sexual preference at the onset of your partnership.
I did not know my spouse was gay… not until after we were married.
If your spouse concealed the fact that he or she is gay and only came out to you after the wedding, THEN you can file for an annulment on the grounds of fraud.
As mentioned in the website of Guzman, Tanedo, & Acain Attorneys At Law, the following types of fraudulent activities may constitute the ground for annulment:
- Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
- Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
- Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; and
- Concealment of drug addiction, habitual alcoholism, or homosexuality or lesbianism existing at the time of the marriage.
Therefore, it is not being gay that could end your marriage but the concealment of your true sexual preference. By not disclosing this to your fiance, you committed fraud — letting him or her believe that you are straight when you know in your heart that you are not.
But what if the person never really knew he or she was gay until AFTER the marriage?
That is an argument that is best endorsed to the experts (lawyers, doctors, etc.), don’t you think? I personally believe that this kind of situation can happen and its impact to the relationship and the families involved could be difficult to describe. But if I should base it on (plainly) the listed grounds for annulment, realizing you are gay after you have made your marriage vows is not an acceptable reason to seek an annulment.
I’ll keep this short and simple to avoid giving out information that might mislead readers and followers. If you need more information about annulment processes, it may be best to visit a law firm’s website or contact a lawyer who specializes on family affairs.
Thanks for dropping by!