A void marriage is deemed non-existent from the start. Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can not be cured by cohabitation .
Common Grounds for Void Marriages
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
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 validated if the offended party cohabits with the other after the defect is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : If one spouse was mentally ill at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through threats.
Physical Incapacity : If either party is physically unable to consummate the marriage.
How They Differ
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | Usually 5 years | | void vs voidable marriage philippines 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 submit a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Speaking with a experienced family lawyer in the Philippines is essential to guarantee your petition is processed correctly.