A void marriage is considered non-existent from the start. Under the law, it is as if the ceremony never happened . Because it is fundamentally flawed, it can not be cured by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Marriages where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone 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 obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered valid and effective until it is canceled by a judge. Unlike null unions, a voidable marriage can be validated if the offended party continues to live with the other after the defect is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., void vs voidable marriage philippines concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through threats.
Impotence: If either party is biologically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Cannot be cured | Can be validated | | 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.
How to File
To formally end these unions , you must file a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Hiring a experienced attorney in the Philippines is essential to guarantee your case is handled correctly.