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 happened . Because it is fundamentally flawed, it can not be ratified by living together .
Common Grounds for Void Marriages
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone 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 psychologically incapacitated to fulfill 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 valid and subsisting until it is set aside by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is discovered .
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through threats.
Impotence: If either party is biologically unable to consummate the marriage.
How They Differ
The primary differences lie in the standing and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To formally end these marriages, you must file a petition in court . For a void marriage, you void vs voidable marriage philippines file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Hiring a experienced attorney in the Philippines is the best step to ensure your petition is processed correctly.