A void marriage is deemed non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never occurred. Because it is inherently flawed, it can never be cured by time.
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with parental consent .
Lack of Authority : Marriages performed by an officer without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between direct 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 set aside by a judge. Unlike null unions, 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 married without parental permission.
Unsound Mind: 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 union was coerced through threats.
Impotence: If either party is biologically unable to complete the marriage.
Comparison Table
The main differences lie in the standing and the time limits for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Not possible | Can be validated | | Time Limit | Never expires | Usually 5 years | | Legitimacy | 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 void vs voidable marriage philippines Nullity. For a voidable marriage, you request an Annulment of Marriage.
Hiring a qualified family lawyer in the Philippines is essential to manage your petition is processed correctly.