A void marriage is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the union never occurred. Because it is legally 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 an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is annulled by a judge. Unlike null unions, a voidable marriage may be ratified if the injured party continues to live 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 guardian permission.
Insanity : If one spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through violence .
Impotence: If either party is physically unable to complete the marriage.
Comparison Table
The main differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Ratification | void vs voidable marriage philippines 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.
Taking Action
To legally end these marriages, you must file 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 .
Hiring a qualified family lawyer in the Philippines is highly recommended to manage your case is handled correctly.