The Concept of Void Marriages
A marriage void ab initio is deemed non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is fundamentally flawed, it can never be cured by cohabitation .Common Grounds for Void Marriages
Lack of Age: Marriages where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and effective until it is set aside by a judge. Unlike void marriages , a voidable marriage may be ratified if the offended party cohabits with the other after the defect is removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was forced through threats.
Impotence: If one party is biologically unable to complete the marriage.
Comparison Table
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Not possible | Can be validated | | Time Limit | Never expires | Usually 5 years | | Children's Status | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void vs voidable marriage philippines 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 a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a qualified family lawyer in the Philippines is essential to guarantee your petition is processed correctly.