Incurable Sexual Incapacity, A45(5) Family Code

1. Concept

Incurable sexual incapacity – means the inability to engage in sexual intercourse and such is not curable.

2. Incurable sexual incapacity

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

x x x

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; x x x

A marriage can be annulled if, from the very start, one spouse was physically unable to engage in sexual relations with the other, and this condition still exists and seems to have no possible remedy. This kind of incapacity must be permanent and must have been present when the marriage took place. The law considers the ability to consummate the union through sexual intimacy as a fundamental aspect of marriage. If one spouse is permanently unable to fulfill this role, and the condition cannot be cured or resolved, the marriage may be invalidated through annulment. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 13 April 2025])