The Concept of Void Marriages

A void marriage is deemed non-existent from the start. Under the law, it is as if the union never occurred. Because it is fundamentally flawed, it can not be cured by time.

Common Grounds for Void Marriages
Underage Marriage : 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 legal marriage license (unless specifically exempted).

Psychological Incapacity : When a party is mentally unable to fulfill essential marital duties.

Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).

What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered binding and effective until it is set aside by a competent court . Unlike void marriages , a voidable marriage may be validated if the offended party continues to live with the other after the ground is removed.

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

Unsound Mind: If either spouse was mentally ill at the celebration.

Fraud : Consent gained through deceit (e.g., concealing a pregnancy by another).

Force or Intimidation : If the union was forced through violence .

Impotence: If one party is physically unable to complete the marriage.

Comparison Table
The primary differences lie in the standing and the prescriptive period for filing.

| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | void vs voidable marriage philippines Legitimacy | Legally illegitimate* | Validly born |

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 of Marriage.

Consulting a qualified family lawyer in the Philippines is highly recommended to guarantee your case is handled correctly.