A void marriage is deemed non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is legally flawed, it can never be ratified by cohabitation .
Grounds Under the Family Code
Lack of Age: Marriages where either party is below 18, even with parental consent .
Lack of Authority : Marriages performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is psychologically incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
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 may be ratified if the injured party continues to live with the other after the ground is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : If either spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through threats.
Physical Incapacity : If either party is physically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | Prescription | Never expires | Usually 5 years | | Children's Status | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void void vs voidable marriage philippines due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these unions , you must file a petition in the Regional Trial Court. For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Speaking with a experienced family lawyer in the Philippines is the best step to manage your case is handled correctly.