A void marriage is treated as non-existent from the start. Under the law, it is as if the union never occurred. Because it is fundamentally flawed, it can not be cured by living together .
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically unable to comply with essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered binding and effective until it is canceled by a competent court . Unlike void marriages , a voidable marriage may be ratified if the offended party cohabits with the other after the ground is discovered .
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If either spouse was mentally ill at the time of the wedding .
Deception: Consent obtained 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 consummate the marriage.
How They Differ
The main differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Healing | Not possible | Can be validated | | Time Limit | Never expires | 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 submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is highly void vs voidable marriage philippines recommended to guarantee your petition is handled correctly.