A void marriage is considered non-existent from the start. Under the law, it is as if the wedding never took place . Because it is inherently flawed, it can not be ratified by time.
Why a Marriage is Considered Void
Underage Marriage : Unions where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
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 .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered binding 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.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If one spouse was mentally ill at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was coerced through threats.
Physical Incapacity : If one party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the standing and the time limits for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Not possible | Can be validated | | Prescription | Imprescriptible | Limited period | | Children's Status | Legally void vs voidable marriage philippines illegitimate* | Validly born |
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 file a petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a qualified family lawyer in the Philippines is the best step to ensure your case is handled correctly.