What is a Void Marriage?
A void marriage is deemed non-existent from the very beginning . Under the law, it is as if the union never happened . Because it is fundamentally flawed, it can not be fixed by cohabitation .Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by someone 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 mentally incapacitated to comply with essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
The Nature of 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 may be validated if the offended party cohabits with the other after the ground is discovered .
Why a Marriage is Voidable
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 time of the wedding .
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was coerced through violence .
Physical Incapacity : If void vs voidable marriage philippines either party is biologically unable to consummate the marriage.
Comparison Table
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | Limited period | | Children's Status | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To formally end these marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Speaking with a specialized attorney in the Philippines is the best step to ensure your case is processed correctly.