A void marriage is deemed non-existent from the moment of celebration . Under the law, it is as if the union never occurred. Because it is legally flawed, it can not be ratified by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered valid and effective until it is set aside by a competent court . Unlike null unions, a voidable marriage can be ratified if the injured party continues to live with the other after the defect is removed.
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If either spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was coerced through violence .
Impotence: If one party is biologically unable to consummate the marriage.
How They Differ
The primary differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | 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 formally end these unions , you must submit a petition in the Regional void vs voidable marriage philippines Trial Court. For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Hiring a specialized attorney in the Philippines is the best step to ensure your case is processed correctly.