The Concept of Void Marriages
A marriage void ab initio is treated as non-existent from the very beginning . Under the law, it is as if the wedding never happened . Because it is inherently flawed, it can not be cured by cohabitation .Why a Marriage is Considered Void
Underage Marriage : Marriages where one party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to fulfill 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 initially considered valid and effective until it is set aside by a competent court . Unlike null unions, a voidable marriage can be ratified if the injured party continues to live with the other after the ground is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If one spouse was mentally ill at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was forced through threats.
Physical Incapacity : If either party is physically unable to complete the marriage.
Comparison Table
The main differences lie in the standing and the time limits for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Can be validated | | 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 unions , you must file a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration void vs voidable marriage philippines of Nullity. For a voidable marriage, you petition for an Annulment .
Speaking with a experienced family lawyer in the Philippines is the best step to ensure your case is processed correctly.