The Concept of Void Marriages
A marriage void ab initio is considered non-existent from the very beginning . Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can never be fixed by living together .Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with permission.
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 mentally unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered binding and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage may be ratified if the offended party cohabits with the other after the ground is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : If either spouse was of unsound mind at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through threats.
Impotence: If void vs voidable marriage philippines one party is physically unable to complete the marriage.
How They Differ
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Not possible | Possible via cohabitation | | Prescription | Imprescriptible | Limited period | | Legitimacy | Legally 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 legally end these unions , 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 specialized attorney in the Philippines is the best step to manage your case is handled correctly.