A void marriage is considered non-existent from the very beginning . Under the law, it is as if the union never happened . Because it is inherently flawed, it can never be fixed by time.
Why a Marriage is Considered Void
Lack of Age: Marriages where either party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered valid and effective until it is canceled by a judge. Unlike null unions, a voidable marriage may be validated if the offended party continues to live with the other after the defect is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 void vs voidable marriage philippines and married without parental permission.
Insanity : If one spouse was of unsound mind at the celebration.
Fraud : Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was forced through violence .
Impotence: If either party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Not possible | Can be validated | | Time Limit | Never expires | Limited period | | Children's Status | Generally 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 legally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Hiring a specialized family lawyer in the Philippines is essential to ensure your petition is handled correctly.