A void marriage is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the wedding never took place . Because it is legally flawed, it can never be ratified by time.
Why a Marriage is Considered Void
Lack of Age: Marriages where one party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal authority to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is psychologically incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is set aside by a judge. Unlike null unions, a voidable marriage can be validated if the offended party cohabits 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 guardian permission.
Unsound Mind: If one spouse was mentally ill at the time of the wedding .
Deception: Consent obtained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was forced through threats.
Physical Incapacity : If either party is physically unable to consummate the marriage.
How They Differ
The main differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Limited period | | 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 submit a void vs voidable marriage philippines petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Hiring a experienced family lawyer in the Philippines is highly recommended to manage your case is processed correctly.