The Concept of Void Marriages
A void marriage 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 not be ratified by living together .Common Grounds for Void Marriages
Underage Marriage : Marriages where one party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage can be validated if the offended party continues to live with the other after the ground is removed.
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 one spouse was mentally ill at the celebration.
Deception: Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through threats.
Physical Incapacity : If one party is biologically unable to consummate the marriage.
Comparison Table
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | Limited period | | 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 the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of void vs voidable marriage philippines Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Speaking with a specialized family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.