A void marriage is deemed non-existent from the very beginning . Under the law, it is as if the union never occurred. Because it is fundamentally flawed, it can never be cured by cohabitation .
Why a Marriage is Considered Void
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 marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered valid and subsisting until it is set aside by a judge. Unlike null unions, a voidable marriage may be validated if the injured party continues to live with the other after the defect is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through threats.
Impotence: If either party is biologically unable to complete the marriage.
How They Differ
The fundamental differences lie in the standing and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Not possible | Can be validated | | Prescription | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to void vs voidable marriage philippines 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 .
Consulting a qualified family lawyer in the Philippines is the best step to manage your petition is processed correctly.