Defining a Void Marriage
A void marriage is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never happened . Because it is legally flawed, it can not be fixed by time.Common Grounds for Void Marriages
Lack of Age: Marriages where either party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to comply with essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is canceled by a competent court . Unlike void marriages , a voidable marriage can be ratified if the injured party cohabits with the other after the ground is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a void vs voidable marriage philippines party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was forced through threats.
Physical Incapacity : If either party is biologically unable to consummate the marriage.
Comparison Table
The primary differences lie in the standing and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Legitimacy | Generally 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 formally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is essential to guarantee your petition is handled correctly.