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The first think you should do is contact a divorce lawyer in your county to determine whether or not your interpretation of the law is correct.As I mentioned before, most divorce lawyers go their entire career without filing an annulment for a client – but it does happen from time to time.The spouse must file within five years of the qualifying event, and the court can deny the petition for various reasons, including evidence the filing spouse consented to the qualifying event.Article 45 of Philippine family law establishes the allowable grounds for annulment.
However, if a child is born to your wife within 10 months after the date of separation, then you would not qualify for an annulment – but you may qualify for an absolute divorce. A voidable marriage is different from a “void” marriage.You may be eligible for an annulment if you or your spouse was impotent when you got married.However, you would need to have this condition diagnosed by a medical doctor.If you obtain an annulment, you marriage is “voided”. The only instance in which your marriage is void is in the case of the bigamous marriage which was described above.If you enter into a bigamous marriage, you don’t technically need to get annulled, although it may be a good idea – just to save you heartache and potential confusion from a future spouse later on.