A void marriage is treated as non-existent from the moment of celebration . Under the law, it is as if the ceremony never took place . Because it is legally flawed, it can never be cured by living together .
Common Grounds for Void Marriages
Lack of Age: Unions where one party is below 18, even with parental consent .
Lack of Authority : Marriages performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically incapacitated to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is canceled by a judge. Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the defect is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through threats.
Impotence: If either party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | Prescription | Imprescriptible | Limited period | | 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 marriages, you must file a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
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