The Concept of Void Marriages

A void marriage is treated as non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the wedding never happened . Because it is legally flawed, it can not be fixed by time.

Why a Marriage is Considered Void
Underage Marriage : Marriages where either party is below 18, even with permission.

Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize weddings .

No Marriage License: Marrying without a valid marriage license (unless legally exempted).

Article 36: When a party is mentally incapacitated to fulfill essential marital obligations .

Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).

The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding and effective until it is set aside by a judge. Unlike void marriages , a voidable marriage can be validated if the offended party cohabits with the other after the defect is removed.

Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.

Insanity : If either spouse was of unsound mind at the time of the wedding .

Deception: Consent obtained through lies (e.g., concealing a criminal record ).

Vitiated void vs voidable marriage philippines Consent: If the union was coerced through violence .

Impotence: If one party is biologically unable to consummate the marriage.

How They Differ
The primary differences lie in the legal status and the time limits for filing.

| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Healing | Cannot be cured | Can be validated | | Prescription | Never expires | 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.

How to File
To formally end these unions , you must file a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .

Speaking with a qualified family lawyer in the Philippines is essential to ensure your case is handled correctly.