A void marriage is treated as non-existent from the moment of celebration . Under the law, it is as if the wedding never took place . Because it is inherently flawed, it can not be cured by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with permission.
Unauthorized Officers: Marriages 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 fulfill essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and subsisting until it is annulled by a competent court . Unlike void marriages , a voidable marriage may be ratified if the offended party cohabits with the other after the ground is removed.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If either spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through deceit (e.g., concealing void vs voidable marriage philippines a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If either party is biologically unable to complete 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 | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Limited period | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally end these marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Speaking with a specialized family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.