What Makes a Marriage Invalid in the Philippines?

Direct answer: A marriage can be invalid in the Philippines if it lacks an essential or required formal element, falls within a prohibited marriage, is affected by psychological incapacity, or is voidable on a ground recognized by the Family Code. The legal effect depends on whether the marriage is void from the beginning or merely voidable until annulled.

Start with Marriage in the Philippines and Essential and Formal Requisites of Marriage.

Missing essential requisites

The essential requisites include legal capacity of the parties and freely given consent in the presence of the solemnizing officer. Their absence can make the marriage void.

Missing formal requisites

The formal requisites include authority of the solemnizing officer, a valid marriage license unless exempt, and a marriage ceremony meeting the Family Code requirements. Absence of a required formal requisite can make the marriage void, while an irregularity in a valid requisite may have a different legal effect.

Prohibited or void marriages

The Family Code also declares certain marriages void because of bigamy, prohibited degrees of relationship, public-policy restrictions, or psychological incapacity under Article 36.

Voidable marriages

Some marriages are not void from the start but may be annulled on grounds under Article 45, such as specified cases of lack of parental consent, insanity, fraud, force or intimidation, impotence, or serious sexually transmissible disease.

How do you know which remedy applies?

The correct remedy depends on the ground. Read Void vs Voidable Marriage in the Philippines for the key distinction, and Ending or Challenging a Marriage for the court-process overview.

Primary legal basis

See Articles 2–4 and 35–54 of the Family Code of the Philippines.

General legal information only. Whether a marriage is void or voidable depends on the precise facts and legal ground.