A void marriage is considered non-existent from the very beginning . Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can never be fixed by living together .
Why a Marriage is Considered Void
Lack of Age: Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a competent court . Unlike null unions, a voidable marriage can be ratified if the injured party cohabits with the other after the defect is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Insanity : If one spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through violence .
Physical Incapacity : If one party is biologically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable | | :--- | :--- void vs voidable marriage philippines | :--- | | Status | Never existed | Valid until annulled | | Healing | Cannot be cured | Can be validated | | Prescription | Never expires | Usually 5 years | | Children's Status | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these unions , 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 of Marriage.
Hiring a qualified family lawyer in the Philippines is highly recommended to guarantee your case is handled correctly.