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 ratified by time.
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and subsisting until it is canceled by a competent court . Unlike null unions, a voidable marriage can be ratified if the offended party continues to live with the other after the ground is discovered .
Why a Marriage is Voidable
Lack of Parental 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 time of the wedding .
Deception: Consent obtained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was coerced through threats.
Physical Incapacity : If one party is biologically unable to complete the marriage.
Comparison Table
The primary differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until void vs voidable marriage philippines annulled | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | 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.
The Legal Process
To legally end these unions , you must submit a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Speaking with a experienced family lawyer in the Philippines is essential to manage your case is handled correctly.