A void marriage is considered non-existent from the moment of celebration . Under the law, it is as if the ceremony never took place . Because it is inherently flawed, it can not be fixed by living together .
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 power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage can be validated if the offended party cohabits with the other after the defect is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through violence .
Physical Incapacity : If void vs voidable marriage philippines one party is biologically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Usually 5 years | | Children's Status | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To formally end these marriages, you must file a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Hiring a qualified family lawyer in the Philippines is essential to manage your case is handled correctly.