The Concept of Void Marriages
A void marriage is deemed non-existent from the start. Under the law, it is as if the ceremony never took place . Because it is legally flawed, it can never be cured by cohabitation .Grounds Under the Family Code
Underage Marriage : Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is psychologically incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered binding and subsisting until it is annulled by a competent court . Unlike void marriages , a voidable marriage may be ratified if the injured party continues to live with the other after the ground is removed.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Insanity : If one spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was forced through threats.
Impotence: If one party is biologically unable to complete the marriage.
Comparison Table
The primary differences lie in the standing and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Children's Status | 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 legally end these marriages, you must file a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Speaking with a specialized attorney in void vs voidable marriage philippines the Philippines is the best step to ensure your petition is handled correctly.