A void marriage is deemed non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is legally flawed, it can not be cured by cohabitation .
Why a Marriage is Considered Void
Underage Marriage : Marriages where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by an officer without the legal authority to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is psychologically unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party continues to live with the other after the defect is removed.
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If either spouse was of unsound mind at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through violence .
Impotence: If either party is physically unable to complete the marriage.
Comparison Table
The primary differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Healing | Not possible | Possible via cohabitation | | Time Limit | Never expires | Limited period | | Legitimacy | Generally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
void vs voidable marriage philippines Taking Action
To formally end these unions , you must file a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a qualified family lawyer in the Philippines is essential to manage your case is handled correctly.