Force, Intimidation, Undue Influence, A45(4) Family Code

1. Concept

Force – means “violence, compulsion, or constraint exerted upon or against a person or thing”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/force [Accessed: 12 April 2025])

Intimidation –  means “to make timid or fearful”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/intimidation [Accessed: 12 April 2025])

Undue influence – means “improper influence that deprives a person of freedom of choice or substitutes another’s choice or desire for the person’s own”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/legal/undue%20influence [Accessed: 12 April 2025])

2. Force, intimidation or undue influence

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

x x x

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; x x x

A marriage [may be annulled] if one of the spouses gave their consent under circumstances that overpowered their free will—specifically, through the use of force, [intimidation, or undue influence]. This means that if someone was coerced, frightened, or unfairly influenced into saying “yes,” the law recognizes that their agreement to marry was not genuinely voluntary. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 12 April 2025])

3. Ratification

However, if the pressure or fear later disappeared and that person still chose to live together with their spouse in the full capacity of husband or wife, the law sees this continued cohabitation as a sign of acceptance. In such a case, the original flaw in consent is considered forgiven, and annulment can no longer be pursued. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)