A void marriage is deemed non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is fundamentally flawed, it can never be fixed by living together .
Grounds Under the Family Code
Underage Marriage : Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be validated if the offended party cohabits with the other after the defect is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was mentally ill at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was forced through threats.
Impotence: If one party is biologically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | void vs voidable marriage philippines Possible via cohabitation | | Prescription | Imprescriptible | Limited period | | Children's Status | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally end these unions , you must submit a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is the best step to ensure your case is handled correctly.