A void marriage is considered non-existent from the very beginning . Under the law, it is as if the ceremony never happened . Because it is fundamentally flawed, it can not be fixed by living together .
Grounds Under the Family Code
Underage Marriage : Marriages where either 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 specifically exempted).
Article 36: When a party is psychologically unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered valid and subsisting until it is canceled by a judge. Unlike null unions, a voidable marriage can be ratified if the injured party cohabits with the other after the ground is discovered .
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If one spouse was mentally ill at the time of the wedding .
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through violence .
Physical Incapacity : If either party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The main differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Cannot be cured | Can be validated | | Prescription | Never expires | Usually 5 years void vs voidable marriage philippines | | Children's Status | Generally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must file a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Speaking with a qualified family lawyer in the Philippines is highly recommended to manage your petition is processed correctly.