A void marriage is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never took place . Because it is legally flawed, it can not be ratified by living together .
Grounds Under the Family Code
Underage Marriage : Marriages where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is psychologically unable to fulfill essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and effective until it is set aside by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If either spouse was of unsound mind at the celebration.
Fraud : Consent gained 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.
Comparison Table
The primary differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Healing | Not possible | Can be validated | | Time Limit | 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 legally end these marriages, 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 petition for an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is the void vs voidable marriage philippines best step to ensure your case is handled correctly.