What is a Void Marriage?
A marriage void ab initio is deemed non-existent from the very beginning . Under the law, it is as if the ceremony never took place . Because it is fundamentally flawed, it can never be fixed by living together .Why a Marriage is Considered Void
Underage Marriage : Unions where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and subsisting until it is canceled by a competent court . Unlike null unions, a voidable marriage can be ratified if the offended party continues to live 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 one spouse was mentally ill at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through threats.
Physical Incapacity : If either party is biologically unable to consummate the marriage.
Comparison Table
The primary differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | Time Limit | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must file a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Hiring a qualified family lawyer in the Philippines is highly void vs voidable marriage philippines recommended to guarantee your petition is processed correctly.