A void marriage is considered non-existent from the very beginning . Under the law, it is as if the ceremony never took place . Because it is legally flawed, it can never be ratified by time.
Common Grounds for Void Marriages
Underage Marriage : Marriages where either 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 legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered binding and subsisting until it is canceled by a competent court . Unlike void marriages , a voidable marriage may be ratified if the offended party cohabits with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If one spouse was mentally ill at the celebration.
Deception: Consent obtained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was forced through violence .
Impotence: If one party is biologically unable to complete the marriage.
Key Differences: Void void vs voidable marriage philippines vs Voidable
The primary differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Limited period | | Children's Status | Legally 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 the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Hiring a specialized attorney in the Philippines is the best step to ensure your case is handled correctly.