Defining a Void Marriage
A void marriage is deemed non-existent from the start. Under the law, it is as if the ceremony never occurred. Because it is fundamentally flawed, it can never be ratified by cohabitation .Common Grounds for Void Marriages
Lack of Age: Unions where one party is below 18, even with permission.
Lack of Authority : Ceremonies performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally 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 lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through violence .
Impotence: If one party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Usually 5 years | | Legitimacy | Generally 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 marriages, you must file a petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a specialized void vs voidable marriage philippines attorney in the Philippines is highly recommended to guarantee your petition is processed correctly.