A void marriage is deemed non-existent from the moment of celebration . Under the law, it is as if the union never happened . Because it is inherently flawed, it can never be cured by living together .
Common Grounds for Void Marriages
Underage Marriage : Marriages where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone 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 mentally unable to fulfill essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and subsisting until it is set aside by a competent court . Unlike null unions, a voidable marriage may be validated if the offended party continues to live with the other after the defect is discovered .
Why a Marriage is Voidable
Lack of Parental void vs voidable marriage philippines Consent : If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was coerced through violence .
Impotence: If either party is physically unable to complete the marriage.
Comparison Table
The primary differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Healing | Not possible | Possible via cohabitation | | Time Limit | Imprescriptible | Usually 5 years | | Legitimacy | Generally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To legally end these unions , you must submit a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Consulting a experienced family lawyer in the Philippines is essential to ensure your petition is handled correctly.