What is a Void Marriage?
A void marriage is treated as non-existent from the start. Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can not be ratified by cohabitation .Grounds Under the Family Code
Underage Marriage : Marriages where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is psychologically unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered valid and subsisting until it is annulled by a competent court . Unlike void marriages , a voidable marriage can be validated if the injured party cohabits with the other after the ground is removed.
Common Voidable Grounds
Lack of Parental Consent void vs voidable marriage philippines : If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was of unsound mind at the time of the wedding .
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was coerced through violence .
Physical Incapacity : If either party is biologically unable to complete the marriage.
Comparison Table
The main differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | 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 marriages, you must file a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Consulting a specialized attorney in the Philippines is the best step to manage your case is handled correctly.