A void marriage is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is fundamentally flawed, it can not be ratified by cohabitation .
Common Grounds for Void Marriages
Underage Marriage : Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered binding and subsisting until it is canceled by a judge. Unlike null unions, a voidable marriage can be validated if the injured party continues to live with the other after the ground void vs voidable marriage philippines is discovered .
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If either spouse was mentally ill at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was coerced through violence .
Impotence: If one party is biologically unable to consummate the marriage.
How They Differ
The main differences lie in the standing and the prescriptive period 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* | Validly born |
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 seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Speaking with a specialized attorney in the Philippines is essential to guarantee your case is handled correctly.