A void marriage is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the union never took place . Because it is legally flawed, it can never be cured by cohabitation .
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered valid and effective until it is canceled by a competent court . Unlike void marriages , a voidable marriage may be validated if the offended party continues to live with the other after the ground is removed.
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Insanity : If either spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was forced through violence .
Physical Incapacity : If one party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Not possible | Can be validated void vs voidable marriage philippines | | Time Limit | Imprescriptible | Limited period | | Legitimacy | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally end these unions , you must file 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.
Hiring a experienced attorney in the Philippines is the best step to manage your petition is processed correctly.