A void marriage is considered non-existent from the very beginning . Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can never be fixed by living together .
Common Grounds for Void Marriages
Lack of Age: Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered binding and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage can be validated if the offended party continues to live with the other after the ground is removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Fraud : Consent gained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was forced through threats.
Impotence: If either party is void vs voidable marriage philippines physically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Healing | Cannot be cured | Can be validated | | Prescription | Never expires | Usually 5 years | | Legitimacy | Legally illegitimate* | Validly born |
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 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 .
Speaking with a specialized attorney in the Philippines is the best step to manage your case is processed correctly.