A void marriage is treated as non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the union never took place . Because it is fundamentally flawed, it can not be cured by time.
Grounds Under the Family Code
Lack of Age: Marriages where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and effective until it is set aside by a judge. Unlike void marriages , a voidable marriage may be ratified if the offended party cohabits with the other after the defect is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was forced through threats.
Impotence: If one party is physically unable to complete the marriage.
How They Differ
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Ratification | Not possible | void vs voidable marriage philippines Can be validated | | Prescription | Never expires | 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.
Taking Action
To formally end these unions , you must file a petition in the Regional Trial Court. For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Hiring a qualified family lawyer in the Philippines is essential to guarantee your petition is processed correctly.