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 union never occurred. Because it is legally flawed, it can never be ratified by cohabitation .
Common Grounds for Void Marriages
Underage Marriage : Unions where one party is below 18, even with permission.
Lack of Authority : Ceremonies performed by someone without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered valid and subsisting until it is annulled by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party cohabits with the other after the defect is removed.
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was mentally ill at the celebration.
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through threats.
Physical Incapacity : If either party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Usually 5 years | | 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 legally end these marriages, you must file a petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for void vs voidable marriage philippines an Annulment .
Hiring a qualified attorney in the Philippines is highly recommended to guarantee your petition is processed correctly.