A void marriage is treated as non-existent from the moment of celebration . Under the law, it is as if the union never occurred. Because it is fundamentally flawed, it can never be cured by living together .
Grounds Under the Family Code
Lack of Age: Unions where one party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially 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 ground is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was of unsound mind at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage void vs voidable marriage philippines was coerced through threats.
Physical Incapacity : If either party is biologically unable to consummate the marriage.
How They Differ
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Legitimacy | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must file a petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Hiring a qualified attorney in the Philippines is highly recommended to manage your case is processed correctly.