A void marriage is treated as non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the ceremony never took place . Because it is fundamentally flawed, it can not be fixed by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Unions where either party is below 18, even with parental consent .
Lack of Authority : Marriages performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is psychologically incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is canceled by a judge. Unlike null unions, a voidable marriage may be ratified if the offended party continues to live with the other after the ground is removed.
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Insanity : If either spouse was of unsound mind at the celebration.
Fraud : Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was forced through threats.
Physical Incapacity : If one party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Not possible | Can be validated | | Prescription | Imprescriptible | 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 court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Hiring a specialized attorney in the Philippines is essential to ensure your void vs voidable marriage philippines case is processed correctly.