A void marriage is treated as non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the ceremony never occurred. Because it is legally flawed, it can never be ratified by time.
Grounds Under the Family Code
Lack of Age: Marriages where one party is below 18, even with permission.
Lack of Authority : Ceremonies performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is psychologically incapacitated to comply with essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered binding and effective until it is canceled by a competent court . Unlike void marriages , a voidable marriage can be validated if the injured party cohabits with the other after the defect is removed.
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If either spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through violence .
Impotence: If one party is biologically unable to consummate the void vs voidable marriage philippines marriage.
Comparison Table
The primary differences lie in the standing and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Legitimacy | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must file a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Speaking with a specialized family lawyer in the Philippines is essential to guarantee your case is handled correctly.