What is a Void Marriage?

A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the union never took place . Because it is legally flawed, it can never be cured by time.

Grounds Under the Family Code
Underage Marriage : Marriages where one party is below 18, even with parental consent .

Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize marriages.

Absence of License : Marrying without a valid marriage license (unless legally exempted).

Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital obligations .

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

Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage can be validated if the injured party cohabits 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.

Unsound void vs voidable marriage philippines Mind: If one spouse was of unsound mind at the time of the wedding .

Fraud : Consent obtained through deceit (e.g., concealing a pregnancy by another).

Vitiated Consent: If the union was forced through violence .

Physical Incapacity : If one party is biologically unable to complete the marriage.

How They Differ
The primary differences lie in the legal status and the prescriptive period for filing.

| Feature | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Not possible | Can be validated | | 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.

How to File
To legally end these unions , you must file a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.

Speaking with a experienced attorney in the Philippines is the best step to manage your petition is processed correctly.