Defining a Void Marriage
A marriage void ab initio is treated as non-existent from the moment of celebration . Under the law, it is as if the wedding never took place . Because it is legally flawed, it can never be ratified by living together .Common Grounds for Void Marriages
Underage Marriage : Unions where one party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable to fulfill essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered binding and effective until it is canceled by a judge. Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the defect is discovered .
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian 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 complete the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal void vs voidable marriage philippines Process
To legally end these unions , you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Speaking with a qualified family lawyer in the Philippines is highly recommended to manage your petition is processed correctly.