A void marriage is treated as non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the ceremony never occurred. Because it is inherently flawed, it can not be ratified by living together .
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by an officer 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 unable to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered valid and effective until it is canceled by a competent court . Unlike null unions, a voidable marriage may be validated if the offended party continues to live with the other after the ground is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If either spouse was void vs voidable marriage philippines mentally ill at the time of the wedding .
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through threats.
Impotence: If either party is biologically unable to consummate the marriage.
Comparison Table
The main differences lie in the standing and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Legitimacy | Legally 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 formally end these marriages, you must submit 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 .
Consulting a qualified family lawyer in the Philippines is highly recommended to ensure your case is handled correctly.