A void marriage is considered non-existent from the moment of celebration . Under the law, it is as if the ceremony never took place . Because it is inherently flawed, it can never be fixed by time.
Grounds Under the Family Code
Lack of Age: Marriages where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and subsisting until it is canceled by a competent court . Unlike null unions, a voidable marriage may be ratified if the injured party cohabits with the other after the defect is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was of unsound mind at the celebration.
Fraud : Consent obtained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through threats.
Physical Incapacity : If one party is biologically unable to complete the marriage.
Comparison Table
The main differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Not possible | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | 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.
The Legal Process
To legally end these unions , you must submit a petition in court . For a void marriage, you seek a Judicial void vs voidable marriage philippines Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a qualified family lawyer in the Philippines is highly recommended to ensure your case is processed correctly.