Short answer. Yes, both conditions are required. Article 45 of the Family Code allows annulment on this ground only when the disease was found to be serious and appears to be incurable. A treatable or minor STD does not meet the threshold — the disease must be both serious in character and apparently without cure.
What the law says
That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.
Family Code, Article 45 — Grounds for Annulment. Read the full provision →
What the law requires: serious and apparently incurable
Article 45 of the Family Code allows annulment of a marriage on several grounds, including a sexually transmissible disease. The sixth ground is precise: the disease must have been present at the time of the marriage, it must be found to be serious, and it must appear to be incurable. Both conditions must be satisfied — a disease that is serious but curable, or incurable but minor, does not meet the statutory standard. The law sets a high bar because annulment permanently dissolves the marriage as though it had never been valid.
Why the disease must have existed at the time of marriage
Article 45 specifies that its grounds must exist at the time of the marriage. A disease contracted after the wedding — no matter how serious — does not fall under this provision. The logic is that annulment responds to a defect in the validity of the marriage itself: if the respondent spouse was already afflicted when the vows were made, the other party's consent to the marriage was given without knowledge of a condition that may have been material to their decision. An STD acquired later is a different legal situation, governed by different provisions and remedies.
The 'serious and apparently incurable' standard in practice
These are factual and medical questions. What counts as serious depends on the nature and severity of the disease and its effects — both on the afflicted spouse and the risk to the other party. What counts as appearing incurable is assessed based on available medical knowledge at the time. HIV was historically treated as incurable; modern antiretroviral treatment has changed that picture. A disease that modern medicine can effectively manage or eliminate may not satisfy the incurability requirement. Medical evidence — expert testimony, medical records, and the current state of treatment for the specific disease — is central to this ground.
What you need to pursue this ground
To pursue annulment on the STD ground, you would need: medical documentation establishing the disease's nature and presence at the time of the marriage, expert medical testimony on its seriousness and apparent incurability, and evidence that the disease existed when you wed rather than after. You will also need to show that the condition was not known to you when you consented to the marriage — or if known, that you did not freely cohabit afterward in a way that might constitute ratification. An annulment petition is not filed directly with a registry; it requires a court proceeding. A lawyer can assess the medical facts of your situation against the legal standard and advise whether the ground is viable.