A void marriage is one that is invalid from the very beginning, as if it never existed — for example, marriages without a license, bigamous marriages, incestuous marriages, and those under psychological incapacity (Article 36). It can be attacked at any time, does not prescribe, and generally anyone with an interest may raise it, though a judicial declaration of nullity is required before remarriage. A voidable marriage is valid and produces effects until it is annulled by a court — for example, marriages where a party was of unsound mind, consent was obtained by fraud, force, or intimidation, one party was between 18 and 21 without parental consent, or there was physical incapacity to consummate or a serious STD. The action to annul must be brought by a proper party within the prescriptive period and can sometimes be barred by ratification (free cohabitation). The distinction affects the property regime and the legitimacy of children.
People use “annulment” loosely, but the law draws a sharp line between a void marriage and a voidable one. The difference matters enormously.
Void Marriage: Never Existed
A void marriage is invalid from the beginning — as if it never happened. Examples: no valid license, bigamous, incestuous or against public policy, and psychological incapacity (Article 36). It:
- Can be attacked at any time and does not prescribe; and
- Generally, anyone with an interest may raise it — but a judicial declaration of nullity is still required before remarriage.
Voidable Marriage: Valid Until Annulled
A voidable marriage is valid and produces effects until annulled by a court. Grounds include: a party of unsound mind, consent by fraud, force, or intimidation, lack of parental consent (18 to below 21), and physical incapacity or a serious STD. It:
- Must be annulled by the proper party within a prescriptive period; and
- Can be ratified in some cases (e.g., free cohabitation after the ground ceases).
Why the Distinction Matters
- Property — a void marriage generally follows special co-ownership rules; a voidable one follows the ordinary regime until annulment;
- Children — children of a voidable marriage (and of certain void marriages, like Article 36) are legitimate, while children of other void marriages are generally illegitimate; and
- Remarriage — a court decree is needed in both, but the grounds and procedure differ.
Practical Takeaways
- Void = never valid, imprescriptible, can be raised anytime — but still needs a declaration to remarry;
- Voidable = valid until annulled, must be brought by the proper party within the period, can be ratified;
- The distinction drives the property regime and the legitimacy of children — identify which applies before filing.
Frequently Asked Questions
What is the difference between a void and a voidable marriage? A void marriage is invalid from the beginning, as if it never existed, and does not prescribe. A voidable marriage is valid and produces effects until it is annulled by a court within the prescriptive period.
What are examples of void marriages? Marriages without a license, bigamous marriages, incestuous marriages and those against public policy, and marriages under psychological incapacity (Article 36).
What are examples of voidable marriages? Marriages where a party was of unsound mind, consent was obtained by fraud, force, or intimidation, a party aged 18 to below 21 lacked parental consent, or there was physical incapacity to consummate or a serious STD.
Do I still need a court decree for a void marriage? Yes. Even for a void marriage, a judicial declaration of nullity is required before either party can validly remarry.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.