A void marriage is treated as non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never took place . Because it is legally flawed, it can never be fixed by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with permission.
Lack of Authority : Marriages performed by an officer without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage may be validated if the injured party continues to live with the other after the defect is removed.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was coerced through threats.
Impotence: If either party is physically unable to consummate the marriage.
Comparison Table
The fundamental differences lie in the standing and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Cannot be cured | Can be validated | | Prescription | Never expires | Usually 5 years | | Children's Status | 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 void vs voidable marriage philippines end these marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a experienced attorney in the Philippines is the best step to manage your petition is processed correctly.