A void marriage is considered non-existent from the moment of celebration . Under the law, it is as if the wedding never took place . Because it is inherently flawed, it can never be fixed by time.
Grounds Under the Family Code
Underage Marriage : Marriages where one party is below 18, even with permission.
Lack of Authority : Ceremonies performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : 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 legally considered binding and subsisting until it is canceled by a competent court . Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the defect is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If either spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through threats.
Impotence: If one party is physically unable to complete the marriage.
Comparison Table
The main differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Possible via cohabitation | | Prescription | Imprescriptible | Limited period | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To formally end these unions , you must submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an void vs voidable marriage philippines Annulment of Marriage.
Consulting a specialized family lawyer in the Philippines is essential to ensure your case is processed correctly.