A void marriage is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never took place . Because it is inherently flawed, it can not be cured by cohabitation .
Why a Marriage is Considered Void
Underage Marriage : Unions where either party is below 18, even with permission.
Lack of Authority : Marriages performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a legal 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).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding and subsisting until it is canceled by a competent court . Unlike null unions, a voidable marriage can be validated if the offended party cohabits with the other after the defect is discovered .
Grounds for Annulment void vs voidable marriage philippines
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 .
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through violence .
Physical Incapacity : If either party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Cannot be cured | Can be validated | | Prescription | Never expires | 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.
Taking Action
To formally end these unions , you must file a petition in the Regional Trial Court. For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Hiring a qualified family lawyer in the Philippines is essential to manage your petition is handled correctly.