A void marriage is deemed non-existent from the very beginning . Under the law, it is as if the union never took place . Because it is inherently flawed, it can not be ratified by time.
Grounds Under the Family Code
Lack of Age: Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage can be validated if the injured party continues to live with the other after the ground is removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Insanity : If one spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through violence .
Physical Incapacity : If either 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 | Never existed | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Limited period | | Legitimacy | Legally illegitimate* | Legitimate |
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 submit a petition in the Regional Trial Court. For a void marriage, you seek void vs voidable marriage philippines a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Hiring a experienced family lawyer in the Philippines is highly recommended to guarantee your case is handled correctly.