A void marriage is deemed non-existent from the start. Under the Family Code of the Philippines , it is as if the union never happened . Because it is inherently flawed, it can not be fixed by time.
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies 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 incapacitated to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is canceled by a judge. Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the defect is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between void vs voidable marriage philippines 18 and 21 and married without parental permission.
Insanity : If either spouse was mentally ill at the time of the wedding .
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through threats.
Impotence: If either party is physically unable to consummate the marriage.
Comparison Table
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | 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.
Taking Action
To formally end these marriages, you must file a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Hiring a experienced attorney in the Philippines is essential to guarantee your case is handled correctly.