A void marriage is treated as non-existent from the very beginning . Under the law, it is as if the wedding never happened . Because it is inherently flawed, it can never be cured by time.
Grounds Under the Family Code
Underage Marriage : Marriages where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to comply with essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and effective until it is canceled by a judge. Unlike void marriages , a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and void vs voidable marriage philippines 21 and wed without parental permission.
Unsound Mind: If either spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Impotence: If one party is biologically unable to complete the marriage.
How They Differ
The fundamental differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Not possible | Can be validated | | Prescription | Never expires | Limited period | | Legitimacy | 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 unions , you must file a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Speaking with a specialized attorney in the Philippines is the best step to guarantee your case is processed correctly.