A void marriage is deemed non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never took place . Because it is legally flawed, it can not be ratified by living together .
Grounds Under the Family Code
Underage Marriage : Marriages where either party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is annulled 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 defect is discovered .
Why a Marriage is Voidable
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 void vs voidable marriage philippines criminal record ).
Force or Intimidation : If the marriage was coerced through threats.
Impotence: If either party is biologically unable to complete the marriage.
How They Differ
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
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.
Speaking with a specialized family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.