A void marriage is treated as non-existent from the very beginning . Under the law, it is as if the wedding 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 either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is psychologically incapacitated to comply with essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is annulled by a competent court . Unlike null unions, a voidable marriage can be validated if the offended party cohabits with the other after the defect is discovered .
void vs voidable marriage philippines Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through threats.
Impotence: If one party is physically unable to consummate the marriage.
Comparison Table
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 | Can be validated | | Prescription | Never expires | Limited period | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To formally end these unions , 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 petition for an Annulment of Marriage.
Consulting a qualified attorney in the Philippines is the best step to ensure your petition is processed correctly.