A void marriage is deemed non-existent from the very beginning . Under the law, it is as if the union never took place . Because it is legally flawed, it can not be fixed by living together .
Common Grounds for Void Marriages
Underage Marriage : Marriages where either party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by an officer without the legal power to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is psychologically incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and subsisting until it is annulled by a judge. Unlike null unions, a voidable marriage may be validated if the offended party continues to live with the other after the ground is removed.
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was mentally ill at the time of the wedding .
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through violence .
Impotence: If one party is physically unable to consummate the marriage.
How They Differ
The primary differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Usually 5 years | | Children's Status | Legally illegitimate* | Legitimate |
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 void vs voidable marriage philippines marriages, you must file a petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Hiring a qualified family lawyer in the Philippines is the best step to ensure your case is processed correctly.