Monday, November 16, 2015

INCAPACITY FOR MARRIAGE



Marriage is the most common state of life opted by a big majority of men and women, all its intricacies in terms of spousal relationship, conjugal burdens and parental obligations notwithstanding.  Reason: marriage is in accord with human nature in terms of the complementary socio-affective constitutions of men and women.  Question:  Are all men and women capable of living married life with its basic objective such as the well-being of the spouses and the welfare of the children?  Answer:  There are men and women who precisely suffer from the incapacity for marriage.

The phenomenon of the “Incapacity to Contract a Valid Marriage” is admittedly an intricate subject matter, a complicated issue – considering that the said liability is constitutionally appended to the very person of the man and/or woman concerned and wherefore strictly internal or interior thereto though with its pursuant manifestations in the external forum.  So is it that certain observations are in order:

a.  There are more and more marriage failures precisely on account of the said “Incapacity” for marriage intents and purposes.  Here and there, married couples separate for these or those alienating causes – without really knowing  the existence of downright “Incapacity” for marriage appended to the person of this or that man and/or woman concerned, without them being really conscious about such a liability appended to their persons and about the marked incongruities it brings to a de facto marriage.

b.  There are thus likewise more and more Marriage Nullity/Annulment Cases filed specially before the Civil Courts in the Country on the ground of any party therein being “psychological incapacitated” as provided by the Family Code of the Philippines (cf. Chapter 3, Art. 36).  In a way, the same is true in Ecclesiastical Tribunals that now undertake a good number of Marriage Nullity Process basically under the same cause (cf. Canon 1095 CIC).  The victims thereof are infallibly the children born of the unions.

c.  There are now wherefore more live-in arrangements , considering precisely the big number of so-called “Broken Marriages” that make a good number of men and women simply agree to co-habitate – with “No strings attached.”   So it is that they exchange their live-in partners also at will.  So it is that during these times, a projected marriage is at times even pre-empted by the so-called precautionary “Pre-nuptial agreement” where the separation of properties is already agreed upon even prior to the holding of marriage itself, viz., a division is already done before the union.

And so it is that marriage is not something to be entered into simply because this or that couple want it so.  While wanting to marry this or that man/woman – subject to the absence of any legal prohibition to the contrary – is the most common option among men and women, it is however also a most challenging way of life that is loaded with many burdens and preoccupation, uncertainties and obligations.  So it is that marriage is nothing less than a “Covenant” that implies gravity, sobriety, continuity.