Defining a Void Marriage
A marriage void ab initio is considered 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 legally flawed, it can not be fixed by living together .Why a Marriage is Considered Void
Lack of Age: Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
Incestuous Marriages : 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 annulled by a judge. Unlike void marriages , a voidable marriage can be validated if the offended party cohabits with the other after the defect is removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If either spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained void vs voidable marriage philippines through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through violence .
Physical Incapacity : If either party is physically unable to consummate the marriage.
How They Differ
The primary differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Ratification | Not possible | Possible via cohabitation | | Time Limit | Never expires | Usually 5 years | | Legitimacy | Generally 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 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 of Marriage.
Consulting a specialized attorney in the Philippines is the best step to ensure your case is handled correctly.