Defining a Void Marriage
A marriage void ab initio 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 legally flawed, it can never be ratified 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 an officer without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is psychologically incapacitated to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered binding and subsisting until it is annulled by a competent court . Unlike null unions, 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 guardian permission.
Insanity : If either spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If either party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Not possible | Can be validated | | Time Limit | Imprescriptible | Limited period | | Children's Status | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void vs voidable marriage philippines void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must submit a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is highly recommended to ensure your case is processed correctly.