The Concept of Void Marriages
A void marriage is treated as non-existent from the start. Under the Family Code of the Philippines , it is as if the union never took place . Because it is legally flawed, it can never be fixed by cohabitation .Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage can be validated if the injured party continues to live with the other after the defect is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Deception: Consent gained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through threats.
Physical Incapacity : If one party is physically unable to complete the marriage.
How They Differ
The primary differences lie in the legal status and the prescriptive period for void vs voidable marriage philippines filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Prescription | Imprescriptible | 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.
Taking Action
To formally end these unions , you must file a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Speaking with a specialized family lawyer in the Philippines is essential to guarantee your petition is processed correctly.