A void marriage is deemed non-existent from the start. Under the law, it is as if the ceremony never took place . Because it is inherently flawed, it can never be ratified by living together .
Grounds Under the Family Code
Lack of Age: Marriages where either party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party continues to live with the other after the ground is discovered .
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was forced through threats.
Physical Incapacity : If either party is physically unable to complete the marriage.
Comparison Table
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Can be validated | | Time Limit | Never expires | Limited period | | Children's Status | 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 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 request an Annulment .
Consulting a qualified attorney in the Philippines is the void vs voidable marriage philippines best step to manage your petition is processed correctly.