A void marriage is deemed non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the ceremony never happened . Because it is fundamentally flawed, it can never be cured by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Unions where either party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by an officer without the legal power to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and subsisting until it is annulled by a judge. Unlike void marriages , a voidable marriage may be ratified if the offended party cohabits with the other after the ground is discovered .
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Deception: Consent obtained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through threats.
Physical Incapacity : If either party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Limited period | | Children's void vs voidable marriage philippines Status | Legally 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 court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Consulting a experienced family lawyer in the Philippines is essential to manage your case is processed correctly.