A void marriage is considered non-existent from the moment of celebration . Under the law, it is as if the wedding never took place . Because it is inherently flawed, it can not be cured by living together .
Common Grounds for Void Marriages
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered valid and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage may be validated if the offended party cohabits with the other after the ground is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Insanity : If either spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If one party is biologically unable to consummate the marriage.
How They Differ
The primary differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Not possible | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Children's Status | Legally illegitimate* | Validly born |
Note: Under void vs voidable marriage philippines the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Speaking with a qualified attorney in the Philippines is highly recommended to guarantee your case is handled correctly.