What is a Void Marriage?

A void marriage is treated as non-existent from the start. Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can not be ratified by time.

Common Grounds for Void Marriages
Lack of Age: Marriages where one party is below 18, even with parental consent .

Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize weddings .

No Marriage License: Marrying without a valid marriage license (unless legally exempted).

Psychological Incapacity : When a party is mentally incapacitated to comply with essential marital duties.

Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).

The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding and subsisting until it is canceled by a competent court . Unlike null unions, a voidable marriage can be validated if the offended party cohabits with the other after the defect is discovered .

Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.

Unsound Mind: If one spouse was of unsound mind at the time of the wedding .

Fraud : Consent gained through deceit (e.g., concealing a criminal record ).

Vitiated Consent: If the marriage was coerced through threats.

Physical Incapacity : If one party is biologically unable to consummate the marriage.

Comparison Table
The primary differences lie in the legal status and the time limits for filing.

| Aspect | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Ratification | Not possible | Can be validated | | Time Limit | Never expires | Usually 5 years | void vs voidable marriage philippines | Legitimacy | Legally illegitimate* | Legitimate |

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 seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.

Consulting a specialized attorney in the Philippines is the best step to ensure your case is handled correctly.