A void marriage is treated as non-existent from the very beginning . Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can never be cured by time.
Grounds Under the Family Code
Underage Marriage : Marriages where one party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered valid and subsisting until it is set aside by a competent court . Unlike null unions, a voidable marriage can be ratified if the injured party continues to live with the other after the defect is removed.
Why a void vs voidable marriage philippines Marriage is Voidable
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 forced through threats.
Physical Incapacity : If either party is physically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | 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 the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Speaking with a experienced family lawyer in the Philippines is essential to manage your petition is handled correctly.