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 fundamentally flawed, it can not be fixed by time.
Why a Marriage is Considered Void
Underage Marriage : Marriages where either party is below 18, even with parental consent .
Lack of Authority : Marriages performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
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 ratified if the injured party cohabits with the other after the ground is discovered .
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Insanity : If one spouse was mentally ill at the time of the wedding .
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through violence .
Physical Incapacity : If either party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Limited period | | 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.
The Legal Process
To formally end these unions , you must submit a petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . void vs voidable marriage philippines For a voidable marriage, you petition for an Annulment .
Consulting a qualified family lawyer in the Philippines is essential to ensure your case is processed correctly.