A void marriage is considered non-existent from the very beginning . Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can never be fixed by living together .
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with permission.
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 comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding and subsisting 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 discovered .
Grounds for Annulment
Underage Consent Issues: void vs voidable marriage philippines If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If one spouse was mentally ill at the celebration.
Deception: Consent obtained 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 main differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Ratification | Not possible | Can be validated | | Time Limit | Never expires | Usually 5 years | | Legitimacy | Legally 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 legally end these unions , you must submit a petition in the Regional Trial 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 highly recommended to guarantee your petition is processed correctly.