A void marriage is deemed non-existent from the very beginning . Under the law, 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
Lack of Age: Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by an officer without the legal authority to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
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 ratified if the injured 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 wed without parental permission.
Insanity : If one spouse was mentally ill at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage void vs voidable marriage philippines was forced through threats.
Physical Incapacity : If one party is biologically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | 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.
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 .
Speaking with a experienced family lawyer in the Philippines is highly recommended to guarantee your petition is processed correctly.