What is a Void Marriage?
A void marriage is treated as non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the ceremony never took place . Because it is inherently flawed, it can never be ratified by cohabitation .Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered binding and effective until it is canceled by a judge. Unlike null unions, a voidable marriage can be ratified if the offended party cohabits with the other after the ground is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If one spouse was mentally ill at the celebration.
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was forced through threats.
Physical Incapacity : If one party is biologically unable to complete the marriage.
Comparison Table
The primary differences lie in the standing and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Legitimacy | 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 marriages, you must file a petition in the Regional Trial Court. For a void marriage, you seek void vs voidable marriage philippines a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Speaking with a qualified family lawyer in the Philippines is highly recommended to guarantee your petition is handled correctly.