A void marriage is deemed non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never took place . Because it is fundamentally flawed, it can not be fixed by cohabitation .
Grounds Under the Family Code
Lack of Age: Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and subsisting until it is annulled by a judge. Unlike void marriages , a voidable marriage can be ratified if the offended party cohabits 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 parental permission.
Insanity : If either spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was forced through threats.
Impotence: If one party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Limited period | | Legitimacy | Generally 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 void vs voidable marriage philippines formally end these marriages, 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 request an Annulment .
Hiring a qualified family lawyer in the Philippines is essential to guarantee your petition is processed correctly.