A void marriage is deemed non-existent from the moment of celebration . Under the law, it is as if the union never occurred. Because it is fundamentally flawed, it can never be ratified by time.
Grounds Under the Family Code
Underage Marriage : Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered binding and subsisting until it is annulled by a judge. Unlike null unions, a voidable marriage can be validated if the injured party continues to live with the other after the ground is removed.
Why a Marriage is Voidable
Lack of Parental Consent : 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 .
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through violence .
void vs voidable marriage philippines Impotence: If one party is biologically unable to consummate the marriage.
How They Differ
The main differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Children's Status | Legally illegitimate* | Legitimate |
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 petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Speaking with a experienced family lawyer in the Philippines is essential to manage your case is handled correctly.