A void marriage is considered non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the ceremony never took place . Because it is fundamentally flawed, it can never be cured by cohabitation .
Grounds Under the Family Code
Underage Marriage : Marriages where one party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and effective until it is set aside by a competent court . Unlike void marriages , a voidable marriage may be ratified if the injured party cohabits with the other after the defect is removed.
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was void vs voidable marriage philippines mentally ill at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the union was forced through violence .
Physical Incapacity : If either party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Usually 5 years | | 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 legally 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 request an Annulment .
Speaking with a specialized attorney in the Philippines is highly recommended to manage your petition is processed correctly.