The Concept of Void Marriages
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
Lack of Age: Unions where either party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered binding and effective until it is set aside by a competent court . Unlike null unions, a voidable marriage may be ratified if the offended party continues to live 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 wed without parental permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Fraud : 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 biologically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start void vs voidable marriage philippines | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | 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.
Taking Action
To legally end these unions , you must submit a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is the best step to guarantee your case is handled correctly.