A void marriage is considered non-existent from the very beginning . Under the law, it is as if the wedding never occurred. Because it is inherently flawed, it can not be ratified by living together .
Common Grounds for Void Marriages
Lack of Age: Marriages where either party is below 18, even with permission.
Lack of Authority : Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally unable to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage can be validated if the injured party continues to live with the other after the defect is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If one spouse was mentally ill at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was forced through violence .
Impotence: If either party is biologically unable to consummate the marriage.
Comparison Table
The main differences lie in the standing and the time limits for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Limited period | | Legitimacy | Legally illegitimate* | Validly born |
Note: Under the Family Code, void vs voidable marriage philippines children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Consulting a qualified family lawyer in the Philippines is highly recommended to guarantee your case is handled correctly.