A void marriage is deemed 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 one party is below 18, even with parental consent .
Lack of Authority : Marriages performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically incapacitated to fulfill essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is canceled by a judge. Unlike void marriages , a voidable marriage can be validated if the injured party continues to live with the void vs voidable marriage philippines other after the ground is discovered .
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Insanity : If either spouse was mentally ill at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through threats.
Impotence: If one party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Not possible | Possible via cohabitation | | Time Limit | Never expires | Limited period | | Legitimacy | Generally 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 file a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Hiring a specialized attorney in the Philippines is highly recommended to guarantee your petition is handled correctly.