The grounds for annulment of marriage is provided in Article 35 of the Family Code, which reads:
Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without a license, except those covered by the preceding
Chapter;(4) Those bigamous or polygamous marriages not falling under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
These grounds are discussed below:
1. Minority
Article 35(1) provides for the nullity of the marriage if contracted by any party below 18 years of age, even with the consent of parents or guardians. [Refer to Minority as Ground for Declaration of Nullity of Marriage]
2. No authority of Solemnizing Officer
Article 35(2) provides that a marriage is void from the beginning if solemnized by any person not legally authorized to perform marriages, unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so.
3. Without Marriage License
Article 35(3) declares a marriage void from the beginning if solemnized without a license, except when a marriage license is not required. [Refer to discussion on Marriage License]
4. Bigamous or Polygamous Marriage
Those bigamous or polygamous marriages not falling under Article 41. [Refer to Bigamous or Polygamous Marriages]
5. Mistake in Identity
Those contracted through mistake of one contracting party as to the identity of the other.
6. Void for Non-Compliance with Requirement
Those subsequent marriages that are void under Article 53.
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