A void marriage is deemed non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the union never occurred. Because it is fundamentally flawed, it can never be fixed by living together .
Why a Marriage is Considered Void
Underage Marriage : Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize marriages.
Absence of 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).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party continues to live with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was mentally ill at the time of the wedding .
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through violence .
Impotence: If either party is physically 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 Marriage | | :--- | :--- | void vs voidable marriage philippines :--- | | Legal Nature | Never existed | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Limited period | | 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.
Taking Action
To formally end these unions , you must submit 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.
Consulting a experienced family lawyer in the Philippines is the best step to guarantee your petition is handled correctly.