What is a Void Marriage?
A marriage void ab initio is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never occurred. Because it is fundamentally flawed, it can not be fixed by cohabitation .Grounds Under the Family Code
Lack of Age: Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage may be validated if the offended party cohabits with the other after the ground is removed.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : If one spouse was mentally ill at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through violence .
Impotence: If either party is biologically unable to consummate the marriage.
How They Differ
The main differences lie in the legal status and the prescriptive period for filing.
| void vs voidable marriage philippines Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Healing | Not possible | Can be validated | | Time Limit | Never expires | Usually 5 years | | Children's Status | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally end these unions , you must file a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a qualified family lawyer in the Philippines is the best step to ensure your case is processed correctly.