Void Marriage: Meaning in Philippine Law
Quick answer
A void marriage is a marriage that is invalid from the very beginning ("void ab initio"). As the Supreme Court put it in Tan-Andal v. Andal (2021): "Void marriages are no marriages." The court case to confirm this is called a petition for declaration of absolute nullity.
Also called: Void ab initio marriage, Null and void marriage
Which marriages are void?
Under the Family Code, a marriage is void when, for example (see Article 35):
- a party was below 18, even with parental consent (Article 35(1));
- the person who married them had no legal authority, unless the couple believed in good faith that he or she had it (Article 35(2));
- there was no marriage license, outside the license-exempt cases (Article 35(3));
- it is bigamous or polygamous, outside the case of Article 41 (Article 35(4));
- one party was mistaken about who the other person was (Article 35(5));
- a party was psychologically incapacitated (Article 36);
- it is incestuous, between ascendants and descendants or between brothers and sisters (Article 37);
- it is void for public policy, such as between step-parents and step-children (Article 38).
Article 4 adds that the absence of an essential or formal requisite makes a marriage void, except as stated in Article 35(2).
Why is a court judgment still needed?
Even though a void marriage has no legal effect, a spouse cannot simply decide that it is void and marry again. Article 40 requires a final judgment declaring the earlier marriage void before it can be used for remarriage. There is no deadline to file (Article 39).
Example
Made-up example: Yolly and Zandro married in 2012 without a marriage license, and no license-exempt case applied. Their marriage is void under Article 35(3). If Yolly wants to remarry, she first needs a final court judgment declaring the marriage void (Article 40). Compare this with a voidable marriage, which is annulled instead. See also Is a marriage without a license valid?
Which provisions use this term?
- Article 35, Family CodeMarriages void from the beginning
- Article 36, Family CodePsychological incapacity
- Article 37, Family CodeIncestuous marriages
- Article 38, Family CodeMarriages void for reasons of public policy
- Article 39, Family CodeNo deadline to file for nullity
- Article 40, Family CodeCourt declaration needed before remarriage
Which Supreme Court rulings are relevant?
Frequently asked questions
If my marriage is void, can I remarry without going to court?
No. Article 40 says the nullity of a previous marriage may be invoked for remarriage only on the basis of a final judgment declaring it void.
Is there a deadline to ask a court to declare a marriage void?
No. Article 39 says the action or defense for the declaration of absolute nullity of a marriage does not prescribe.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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