A void marriage is treated as 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 .
Grounds Under the Family Code
Underage Marriage : Marriages where one party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal authority to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is set aside by a competent court . Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Grounds for Annulment
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 a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If one party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The primary differences lie void vs voidable marriage philippines in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Legitimacy | Legally illegitimate* | Validly born |
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 unions , you must file a petition in 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 family lawyer in the Philippines is essential to ensure your case is handled correctly.