The Concept of Void Marriages
A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never happened . Because it is fundamentally flawed, it can not be ratified by living together .Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered binding and effective until it is canceled by a competent court . Unlike void marriages , a voidable marriage may be validated if the injured party continues to live with the other after the defect is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through void vs voidable marriage philippines threats.
Impotence: If either party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally end these unions , you must file a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Speaking with a specialized family lawyer in the Philippines is highly recommended to ensure your case is handled correctly.