A void marriage is treated as non-existent from the start. Under the Family Code of the Philippines , it is as if the union never happened . Because it is legally flawed, it can not be cured by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Marriages where one party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically incapacitated to comply with essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
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 may be ratified if the injured party cohabits with the other after the defect is removed.
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was forced through violence .
Physical Incapacity : If either party is biologically unable to complete the marriage.
Comparison Table
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Not possible | Can be validated | | Prescription | Never expires | Limited period | | Children's Status | Generally 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 legally end these unions , you must submit a void vs voidable marriage philippines petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Hiring a specialized attorney in the Philippines is essential to ensure your petition is processed correctly.