A void marriage is deemed non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never occurred. Because it is legally flawed, it can never be cured by living together .
Common Grounds for Void Marriages
Underage Marriage : Unions where one party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal authority to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable 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 set aside by a competent court . Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the ground is removed.
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Insanity : If one spouse was mentally ill at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the union was coerced through threats.
Impotence: If either party is biologically unable to complete the marriage.
How They Differ
The fundamental differences lie in the standing and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | Legitimacy | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must file a petition in 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 essential to void vs voidable marriage philippines ensure your case is processed correctly.