A void marriage is treated as non-existent from the very beginning . Under the law, it is as if the union never happened . Because it is fundamentally flawed, it can not be fixed by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Marriages where either party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by an officer without the legal power to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is psychologically unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is annulled by a competent court . Unlike void marriages , a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If either spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If one party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Healing | Not possible | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | Legitimacy | Generally illegitimate* | Legitimate |
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 submit a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a void vs voidable marriage philippines voidable marriage, you request an Annulment .
Consulting a qualified attorney in the Philippines is the best step to guarantee your case is handled correctly.