A void marriage is treated as non-existent from the start. Under the Family Code of the Philippines , it is as if the union never happened . Because it is legally flawed, it can never be cured by cohabitation .
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered binding and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage can 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 guardian permission.
Unsound Mind: If one spouse was mentally ill at the time of the wedding .
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through threats.
Impotence: If one party is physically unable to consummate the marriage.
Comparison Table
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | Legitimacy | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end void vs voidable marriage philippines these marriages, you must submit a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Consulting a specialized family lawyer in the Philippines is essential to guarantee your case is handled correctly.