A void marriage is considered non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the wedding never took place . Because it is legally flawed, it can not be ratified by time.
Common Grounds for Void Marriages
Underage Marriage : Unions where one party is below 18, even with parental consent .
Lack of Authority : Marriages performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered valid and effective until it is canceled by a judge. Unlike null unions, a voidable marriage may be ratified if the offended party cohabits with the other after the defect is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Insanity : If either spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If one party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of void vs voidable marriage philippines marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally end these unions , you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Speaking with a qualified family lawyer in the Philippines is highly recommended to manage your petition is processed correctly.