While psychological incapacity draws the most attention, the Family Code declares several kinds of marriages void from the beginning (void ab initio), and it is useful to see the complete picture. A marriage is void when any essential or formal requisite is absent, so the following are void: marriages contracted by a party below eighteen years of age even with parental consent; marriages solemnized by a person not legally authorized to perform marriages (unless either or both parties believed in good faith that the solemnizer had authority); marriages solemnized without a valid marriage license (except those exempt from the license requirement); and bigamous or polygamous marriages not falling under the valid presumptive-death exception. Additionally void are: marriages contracted through mistake of one contracting party as to the identity of the other; subsequent marriages that are void for failure of the parties to record the required documents (the partition and delivery of presumptive legitimes) after a prior void or annulled marriage; and marriages where a party was psychologically incapacitated (Article 36). The Code also declares void by reason of public policy and incest certain marriages between relatives: incestuous marriages between ascendants and descendants of any degree, and between brothers and sisters (full or half blood), are void; and marriages void for reasons of public policy include those between collateral relatives up to the fourth civil degree, between step-relatives, between adopter and adopted and related combinations, and between parties where one killed the other's spouse to marry, among the enumerated cases. A void marriage produces no legal effect (except as the law provides for children and property under the co-ownership rules), needs a judicial declaration of nullity before remarriage, and its nullity may in proper cases be raised even collaterally. So beyond psychological incapacity, the Family Code voids marriages for absence of a requisite, bigamy, mistake in identity, non-recording after a prior void marriage, incest, and public policy.
The Full Picture of Void Marriages
Beyond psychological incapacity, the Family Code declares several kinds of marriages void from the beginning. A marriage is void when any essential or formal requisite is absent.
Void for Absence of a Requisite or Bigamy
- A party below eighteen (even with consent);
- Solemnized by one without authority (absent good-faith belief);
- No valid license (unless exempt); and
- Bigamous/polygamous (outside the presumptive-death exception).
Incest and Public Policy
Also void: mistake as to identity; failure to record documents after a prior void marriage; Article 36. Incestuous (ascendants-descendants, siblings) and public-policy marriages (collaterals to the fourth civil degree, step-relatives, adopter-adopted, or where one killed the other's spouse) are void.
Practical Takeaways
- Many marriages are void — not just for psychological incapacity;
- A void marriage needs a judicial declaration before remarriage;
- Incest and certain public-policy marriages are void.
Frequently Asked Questions
What marriages are void from the beginning? Those where an essential or formal requisite is absent, such as a party below eighteen, no authority of the solemnizer, no valid license, or a bigamous marriage, plus those void for mistake in identity, psychological incapacity, incest, or public policy.
Are marriages between relatives void? Incestuous marriages between ascendants and descendants and between brothers and sisters are void. Marriages void for public policy include those between collateral relatives up to the fourth civil degree, step-relatives, and adopter and adopted, among others.
Is a marriage by someone below 18 valid with parental consent? No. A marriage contracted by a party below eighteen years of age is void even with parental consent, because being of legal age is an essential requisite.
Does a void marriage still need a court declaration? Yes. Even a void marriage needs a judicial declaration of nullity before a party can remarry, though in proper cases its nullity may be raised collaterally.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.