A void marriage is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is legally flawed, it can not be cured by cohabitation .
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 .
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and effective until it is set aside by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party continues to live with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
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 prescriptive period for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- void vs voidable marriage philippines | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Legitimacy | Generally 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 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 request an Annulment .
Hiring a qualified attorney in the Philippines is the best step to ensure your petition is processed correctly.