Family Code: Art 46 (4)

Art 46 (4) states a marriage may be considered null and void if:

Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (86a)

My question: If the wife is in a lesbian relationship, can she file the annulment herself? What are the conditions in this case? There are properties to be dissolved.

Hi spain_parker.

We have to distinguish. If the wife has been in a lesbian relationship even before marriage and she concealed such fact in order to obtain by fraud the consent of the other party, then marriage may be annulled by the injured party (not by the wife) within 5 years from discovery of fraud.

However, if the wife got into a lesbian relationship only after marriage, then it may only be a ground for legal separation, which may be filed by the offended spouse.

In either case, the absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in in favor of the common children or, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse.

For more free legal information about the matter, please visit
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