Unsound Mind, A45(2) Family Code

1. Concept

Of unsound mind – means “mentally ill : not sane”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/of%20unsound%20mind  [Accessed: 17 April 2025])

2. Unsound mind

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

x x x

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; x x x

A marriage can be declared voidable—or subject to annulment—if, at the time the union was solemnized, one of the spouses was mentally unfit or suffering from a psychological condition that impaired their ability to understand the nature and obligations of marriage. This condition must have existed at the time of the marriage ceremony. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 7 April 2025])

a) Exception: Ratification after coming to reason

However, if the person who was mentally unfit later regained a sound mind and knowingly chose to live with the other spouse as a married couple, despite the earlier incapacity, the right to annul the marriage is lost. In such a case, the voluntary cohabitation after regaining mental clarity [ratifies the previously voidable] marriage… (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)