What is a Void Marriage?

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 fixed by time.

Why a Marriage is Considered Void
Lack of Age: Marriages where either party is below 18, even with parental consent .

Unauthorized Officers: Ceremonies 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 incapacitated to fulfill essential marital obligations .

Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).

The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered binding and subsisting until it is annulled by a competent court . Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the ground is removed.

Common Voidable Grounds
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 time of the wedding .

Fraud : Consent obtained through deceit (e.g., concealing a criminal record ).

Force or Intimidation : If the marriage was forced through violence .

Physical Incapacity : If one party is physically unable to consummate the marriage.

Key Differences: Void vs Voidable
The primary differences lie in the legal status and the prescriptive period for filing.

| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- void vs voidable marriage philippines | | Status | Never existed | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Legitimacy | 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 legally end these unions , you must file a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.

Speaking with a specialized family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.