A void marriage is treated as non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the ceremony never happened . Because it is legally flawed, it can never be fixed by living together .
Why a Marriage is Considered Void
Lack of Age: Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered valid and effective until it is annulled by a competent court . Unlike void marriages , a voidable marriage can be validated if the injured party continues to live with the other after the ground is removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was forced through threats.
Impotence: If one party is physically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | void vs voidable marriage philippines Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Limited period | | Legitimacy | Legally illegitimate* | Validly born |
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 .
Consulting a specialized family lawyer in the Philippines is essential to manage your petition is processed correctly.