A void marriage is treated as non-existent from the moment of celebration . Under the law, it is as if the union never happened . Because it is fundamentally flawed, it can not be fixed by cohabitation .
Grounds Under the Family Code
Lack of Age: Marriages where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered binding and effective until it is annulled by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was mentally ill at the celebration.
Fraud : Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : void vs voidable marriage philippines If either party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the time limits for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Time Limit | Imprescriptible | Usually 5 years | | Legitimacy | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To formally end these marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Consulting a experienced attorney in the Philippines is the best step to guarantee your case is handled correctly.