A void marriage is considered non-existent from the very beginning . Under the law, it is as if the ceremony never took place . Because it is fundamentally flawed, it can not be cured by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Marriages where either party is below 18, even with permission.
Lack of Authority : Ceremonies 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 unable to comply with essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and subsisting until it is set aside by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the defect is removed.
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If either spouse was mentally ill at the time of the wedding .
Fraud : Consent gained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was coerced through threats.
Physical Incapacity : If either party is physically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not void vs voidable marriage philippines possible | Can be validated | | Time Limit | Never expires | Limited period | | 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 formally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is highly recommended to manage your case is handled correctly.