A void marriage is treated as non-existent from the moment of celebration . Under the law, it is as if the wedding never happened . Because it is fundamentally flawed, it can not be fixed by cohabitation .
Grounds Under the Family Code
Underage Marriage : Marriages where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by an officer without the legal power to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is psychologically incapacitated to fulfill essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered binding and effective until it is canceled by a judge. Unlike null unions, a voidable marriage can be ratified if the offended party continues to live with the other after the defect is discovered .
Why a Marriage void vs voidable marriage philippines is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If one party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Ratification | Not possible | Can be validated | | Time Limit | Never expires | Usually 5 years | | Children's Status | Generally 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 formally end these marriages, you must file a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a specialized family lawyer in the Philippines is highly recommended to ensure your case is processed correctly.