A void marriage is deemed 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 fundamentally flawed, it can never be fixed by cohabitation .
Why a Marriage is Considered Void
Underage Marriage : Unions where one party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone 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 unable to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and effective until it is set aside by a competent court . Unlike null unions, a voidable marriage can be validated if the offended party cohabits 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 parental permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through threats.
Physical Incapacity : If one party is biologically unable to consummate the marriage.
How They Differ
The primary differences lie void vs voidable marriage philippines in the legal status and the time limits for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Usually 5 years | | Legitimacy | Generally 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 court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is highly recommended to manage your case is handled correctly.