A void marriage is deemed non-existent from the start. Under the law, it is as if the wedding never happened . Because it is fundamentally flawed, it can never be ratified by time.
Why a Marriage is Considered Void
Underage Marriage : Unions where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered binding and subsisting until it is canceled by a judge. Unlike void marriages , a voidable marriage can be validated if the offended party continues to live with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was mentally ill at the celebration.
Deception: Consent obtained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through violence .
Impotence: If one party is biologically unable to consummate the marriage.
How They Differ
The primary differences lie in the standing and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Usually 5 years | | Legitimacy | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must file a petition in court . For a void marriage, you seek a Declaration of Absolute void vs voidable marriage philippines Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is the best step to ensure your case is processed correctly.