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 : Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by someone without the legal authority to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered valid 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 removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was coerced through threats.
Impotence: If one party is physically unable to consummate the marriage.
Comparison Table
The fundamental differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | Children's Status | Generally 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 void vs voidable marriage philippines marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Consulting a qualified family lawyer in the Philippines is highly recommended to ensure your case is handled correctly.