A void marriage is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never took place . Because it is inherently flawed, it can not be ratified by living together .
Why a Marriage is Considered Void
Underage Marriage : Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally 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 initially considered binding and effective until it is annulled by a competent court . Unlike null unions, a voidable marriage can be ratified if the injured party cohabits with the other after the defect is discovered .
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : If either spouse was of unsound mind at the celebration.
Fraud : Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the void vs voidable marriage philippines marriage was forced through violence .
Impotence: If either party is physically unable to consummate the marriage.
Comparison Table
The fundamental differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | 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 unions , you must file a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a qualified family lawyer in the Philippines is highly recommended to ensure your case is handled correctly.