A void marriage is considered non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the union never took place . Because it is inherently flawed, it can not be cured by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Marriages where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be validated if the offended party cohabits with the other after the defect 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 union was coerced through violence .
Impotence: If either party is physically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | void vs voidable marriage philippines | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | 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.
Taking Action
To formally end these unions , you must file a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Speaking with a specialized attorney in the Philippines is the best step to ensure your case is handled correctly.