A void marriage is considered non-existent from the very beginning . Under the law, it is as if the ceremony never happened . Because it is fundamentally flawed, it can never be fixed by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a competent court . Unlike null unions, a voidable marriage can be validated if the injured party continues to live with the other after the ground is discovered .
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was of unsound mind at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through void vs voidable marriage philippines violence .
Impotence: If either party is physically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Not possible | Can be validated | | Time Limit | Imprescriptible | 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.
Taking Action
To formally end these unions , you must file a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a qualified family lawyer in the Philippines is essential to manage your petition is processed correctly.