The Time Period to File an Action to Invalidate a Forced Marriage

 
If a person is forced, threatened, or coerced to marry another, their marriage is a forced marriage. A forced marriage is not per se null and void but is revocable. That means, the forced party has the right to file an action to a competent court to declare the marriage null and void if he/she shows not consent.
 
The Civil Code imposes a time limitation on such right. According to Article 1052 of the Civil Code, the forced party may claim to revoke their forced marriage within one year from the date of termination of the force, rather than the date of their marriage.
 
If the forced party remains under coercion after marriage, he/she can file an action to revoke their marriage within one year from the date of his/her regaining freedom.
 
Provided, however, that the said one year period shall not be governed by the legal rules pertaining to interruption, suspension, or extension of statute of limitations. For example, if the forced party is physically restricted and has no freedom to exercise his/her right to revocation for a certain period of time after their marriage, the one year period runs from the date of his/her regaining personal freedom, even if he/she is restricted and loses freedom for a second time.

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