The Concept of Void Marriages
A void marriage is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never took place . Because it is inherently flawed, it can never be ratified by cohabitation .Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally incapacitated to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered binding and effective until it is annulled by a judge. Unlike null unions, a voidable marriage can be validated if the offended party cohabits with the other after the defect is discovered .
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was of unsound mind at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was forced through threats.
Physical Incapacity : If either party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The main differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | void vs voidable marriage philippines :--- | | Legal Nature | Invalid from start | Valid until annulled | | Healing | Not possible | Possible via cohabitation | | Prescription | Never expires | Limited period | | Children's Status | 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 formally end these marriages, you must file a petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Speaking with a specialized family lawyer in the Philippines is the best step to ensure your case is handled correctly.