A void marriage is treated as non-existent from the moment of celebration . Under the law, it is as if the union never happened . Because it is inherently flawed, it can never be cured by living together .
Common Grounds for Void Marriages
Underage Marriage : Marriages where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered binding and effective until it is canceled by a judge. Unlike null unions, a voidable marriage may be ratified if the offended party continues to live with the other after the defect is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : If either spouse was of unsound mind at the celebration.
Deception: Consent obtained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was coerced through violence .
Impotence: If one party is physically unable to void vs voidable marriage philippines complete the marriage.
How They Differ
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Healing | Not possible | Can be validated | | Time Limit | Never expires | Limited period | | 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.
How to File
To formally end these unions , you must submit a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Consulting a specialized family lawyer in the Philippines is essential to ensure your case is processed correctly.