A void marriage is deemed 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 never be fixed by living together .
Grounds Under the Family Code
Underage Marriage : Unions where one 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 legal marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding and subsisting until it is canceled by a competent court . Unlike null unions, a voidable marriage can be validated if the offended party cohabits with the other after the defect is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : void vs voidable marriage philippines 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).
Force or Intimidation : If the union was coerced through violence .
Impotence: If either party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Not possible | Can be validated | | Time Limit | Never expires | 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.
How to File
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 manage your petition is handled correctly.