A void marriage is deemed non-existent from the start. Under the law, it is as if the ceremony never happened . Because it is inherently flawed, it can never be ratified by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with parental consent .
Lack of Authority : Marriages performed by an officer without the legal authority to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally unable to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered binding and subsisting until it is annulled by a judge. Unlike null unions, a voidable marriage may be ratified if the injured party cohabits with the other after the defect is removed.
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through violence .
Physical Incapacity : If either party is physically unable to complete the marriage.
Comparison Table
The primary differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Limited period | | Children's Status | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to void vs voidable marriage philippines 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 Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Speaking with a qualified attorney in the Philippines is highly recommended to guarantee your petition is handled correctly.