The Concept of Void Marriages
A void marriage is considered non-existent from the moment of celebration . Under the law, it is as if the ceremony never took place . Because it is fundamentally flawed, it can never be cured by living together .Grounds Under the Family Code
Lack of Age: Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally unable to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and subsisting until it is annulled by a judge. Unlike null unions, a voidable marriage can be validated if the offended party cohabits with the other after the ground is discovered .
Grounds for Annulment
void vs voidable marriage philippines Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If either spouse was of unsound mind at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through threats.
Impotence: 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.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Usually 5 years | | Legitimacy | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Hiring a specialized attorney in the Philippines is highly recommended to guarantee your petition is handled correctly.