The term “psychological incapacity” has become a byword to those either in the process of annulling their marriage or those desiring to undergo annulment. In some cases the two terms are even interchanged. This is a misconception though since psychological incapacity and annulment are two different concepts in the eyes of Philippine law.
Annulment presupposes an invalid consent due to the presence of those grounds set forth by law while psychological incapacity involves a valid consent to the marriage. The only thing with psychological incapacity is the inability of either spouse to perform his or her essential marital obligations despite the consent given.
Although the grounds for both psychological incapacity and annulment exist prior to the marriage, a difference still lies in the awareness of the parties concerned of the existence of those grounds. In annulment, either or both parties are usually aware of said existence especially the guilty party. In psychological incapacity, the guilty party may not even be aware of the incapacity he or she possesses at the onset of the marriage.
In the Philippines, the annulment does not take much of your money, but takes much of your time too. It is not a secret that legal procedures in this country are relatively slow, and annulment is not an exception.
Normally, an annulment procedure takes six months; but due to incomplete requirements or evidences to prove the grounds for the nullification of marriage, the procedure could be extended up a year or even more.
Indeed, it is easy to get into a marriage; but it would really be difficult to get out of it. Things have to be thought of twice. Is annulment really the answer to all your marital problems? Is there nothing you can do to save your marriage?
Annulment may take six months to years to process, but the effects could be lifetime. So here are tips to save you from all the anxieties, frustrations, and distractions an annulment case may give:
1. Talk. As the old saying goes, everything can be agreed upon through a nice conversation. You never know. Maybe the problem is just about miscommunication, and you just have to talk. Compromise with your emotions; compromise with your spouse.
Filing a petition for annulment is never an easy decision for it is a matter involving intertwined relationships. More than that, it demands effectiveness in handling anxiety, depression and pain. Yes, more than waging a battle against your spouse; annulment is a battle against yourself.
Therefore, it would be helpful to know some techniques on how to cope with annulment battles:
Separate from your spouse. Annulment would be senseless if you are still with your spouse. It will result to no good if you continuously torture yourself with all the memories that keep on hurting you. Let go, move on. Stay away from things that remind you of your supposedly better half.
Be busy. True enough, an annulment is something you have to focus on, but do not allow it to eat the much of your time. You’ve got a life to live, and a lot of things to do. It is even better to just let your lawyer take care of the process and do your part only if necessary. Do not fuss over the whole annulment issue. It would just worsen the emotional anxiety you feel.