A void marriage is considered non-existent from the start. Under the law, it is as if the wedding never occurred. Because it is inherently flawed, it can not be ratified by time.
Why a Marriage is Considered Void
Underage Marriage : Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a competent court . Unlike null unions, a voidable marriage can be ratified if the injured party continues to live with the other after the defect is removed.
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Insanity : If one spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through violence .
Physical Incapacity : If one party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Ratification | Not possible | Can be validated | | Time Limit | 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 submit a petition in court . For a void marriage, you seek a Declaration void vs voidable marriage philippines of Absolute Nullity . For a voidable marriage, you request an Annulment .
Speaking with a experienced attorney in the Philippines is the best step to ensure your case is handled correctly.