A void marriage is deemed non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the union never occurred. Because it is inherently flawed, it can never be cured by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding and effective until it is annulled by a judge. Unlike null unions, a voidable marriage can be validated if the offended party cohabits with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If one spouse was mentally ill at the celebration.
Deception: Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was forced through threats.
Impotence: If either party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Children's Status | Legally 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 legally end these unions , you must file a petition in court . For a void marriage, you seek a void vs voidable marriage philippines Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a experienced attorney in the Philippines is the best step to manage your petition is processed correctly.