A void marriage is deemed non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never occurred. Because it is inherently flawed, it can never be cured by living together .
Common Grounds for Void Marriages
Underage Marriage : Marriages where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by an officer without the legal authority to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered binding and effective until it is canceled by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married 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 pregnancy by another).
Vitiated Consent: If the union was forced through violence .
Physical Incapacity : If one party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the standing and the time limits for void vs voidable marriage philippines filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Legitimacy | Generally 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 a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a specialized family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.