A void marriage is deemed non-existent from the very beginning . Under the law, it is as if the ceremony never occurred. Because it is inherently flawed, it can not be ratified by living together .
Common Grounds for Void Marriages
Lack of Age: Marriages where either party is below 18, even with permission.
Lack of Authority : Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to comply with essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered binding and effective until it is annulled by a competent court . Unlike null unions, a voidable marriage may be ratified if the offended party cohabits with the other after the ground is removed.
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 void vs voidable marriage philippines was coerced through threats.
Physical Incapacity : If one party is physically unable to consummate the marriage.
How They Differ
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally 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 .
Speaking with a specialized attorney in the Philippines is essential to guarantee your petition is processed correctly.