A void marriage is treated as non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never took place . Because it is inherently flawed, it can never be ratified by time.
Grounds Under the Family Code
Underage Marriage : Marriages where either 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 valid marriage license (unless legally exempted).
Article 36: When a party is mentally unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered valid and subsisting until it is canceled by a judge. Unlike void marriages , a voidable marriage can be ratified if the injured party continues to live with the other after the defect is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was forced through violence .
Impotence: If either party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the standing void vs voidable marriage philippines and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Healing | 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.
The Legal Process
To formally end these unions , you must file a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Speaking with a qualified attorney in the Philippines is essential to manage your case is processed correctly.