A void marriage is deemed non-existent from the start. Under the law, it is as if the ceremony never happened . Because it is inherently flawed, it can not be cured by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid 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 defect is discovered .
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was mentally ill at the time of the wedding .
Fraud : Consent gained through deceit (e.g., concealing a pregnancy by void vs voidable marriage philippines another).
Vitiated Consent: If the union was forced through violence .
Physical Incapacity : If either party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Not possible | Can be validated | | Time Limit | Never expires | Limited period | | Legitimacy | Generally illegitimate* | Validly born |
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 marriages, you must file 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 of Marriage.
Speaking with a qualified attorney in the Philippines is essential to manage your petition is handled correctly.