A void marriage is deemed non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never occurred. Because it is inherently flawed, it can never be cured by time.
Common Grounds for Void Marriages
Underage Marriage : Marriages where one party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered valid and subsisting until it is annulled by a judge. Unlike null unions, a voidable marriage may be ratified if the offended party continues to live with the other after the defect is removed.
Grounds for Annulment
Underage Consent Issues: If a party is void vs voidable marriage philippines between 18 and 21 and wed without guardian permission.
Insanity : If either spouse was mentally ill at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was forced through threats.
Impotence: If one party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the standing and the time limits for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | 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.
How to File
To legally end these marriages, you must submit 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 of Marriage.
Speaking with a qualified attorney in the Philippines is highly recommended to manage your case is processed correctly.