Voidable Marriage: Meaning in Philippine Law
Quick answer
A voidable marriage is a marriage with a defect at the time of the wedding that allows a court to annul it. The case is called an action for annulment. Article 4 of the Family Code says a defect in any of the essential requisites makes a marriage voidable as provided in Article 45.
Also called: Annullable marriage
What are the grounds?
Article 45 lists six causes, all existing at the time of the marriage:
- A party was 18 to below 21 and married without the consent of a parent or guardian.
- A party was of unsound mind.
- A party's consent was obtained by fraud. Article 46 limits fraud to four cases, such as hiding a drug addiction or a previous conviction for a crime involving moral turpitude.
- A party's consent was obtained by force, intimidation or undue influence.
- A party was physically unable to consummate the marriage, and this continues and appears incurable.
- A party had a serious sexually-transmissible disease that appears incurable.
Who files, and by when?
Article 47 sets who may file and the deadline for each ground. For most grounds the injured party has five years, counted from different points: after turning 21 (lack of consent), after discovering the fraud, after the force or intimidation stopped, or after the marriage (incapacity to consummate, serious disease).
Example
Made-up example: Abby married Bert in 2021. In 2024 she learned that he had hidden a drug addiction that he already had at the wedding. This is fraud under Article 46(4). Abby can file for annulment within five years after discovering it (Article 47(3)), but she loses this ground if, knowing the truth, she freely continued to live with him as husband and wife (Article 45(3)). Compare this with a void marriage, which has no deadline. For the full list of grounds and how courts apply them, see Grounds for annulment.
Which provisions use this term?
Frequently asked questions
What is the difference between a void and a voidable marriage?
A void marriage is invalid from the beginning and has no deadline to challenge (Article 39). A voidable marriage has a defect listed in Article 45 and is challenged by an action for annulment, usually within five years (Article 47).
Can a voidable marriage become impossible to annul?
Yes, for some grounds. Under Article 45, lack of parental consent, unsound mind, fraud and force can no longer be used if the affected spouse later freely lived with the other as husband and wife in the situations the article describes. Deadlines in Article 47 can also run out.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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