A void marriage is treated as non-existent from the moment of celebration . Under the law, it is as if the wedding never happened . Because it is fundamentally flawed, it can not be cured by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with permission.
Lack of Authority : Ceremonies performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically incapacitated to fulfill essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered binding and subsisting until it is canceled by a competent court . Unlike null unions, a voidable marriage may be validated if the injured party continues to live with the other after the defect is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Insanity : If either spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through violence .
Impotence: If either party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Healing | Not possible | Can be validated | | Time Limit | Never expires | Usually 5 years | | Legitimacy | Legally illegitimate* | Legitimate |
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 void vs voidable marriage philippines submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Speaking with a experienced family lawyer in the Philippines is highly recommended to guarantee your case is processed correctly.