A marriage void ab initio is considered non-existent from the moment of celebration . Under the law, it is as if the union never occurred. Because it is legally flawed, it can not be cured by living together .
Grounds Under the Family Code
Lack of Age: Unions where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to fulfill essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered valid and subsisting until it is canceled by a judge. Unlike null unions, a voidable marriage may be ratified if the injured party continues to live with the other after the ground is discovered .
Why a Marriage is Voidable
Lack of Parental Consent : 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 forced through threats.
Physical Incapacity : If one party is physically unable to complete the marriage.
Key Differences: void vs voidable marriage philippines Void vs Voidable
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Ratification | Not possible | Can be validated | | Prescription | Imprescriptible | Limited period | | Children's Status | Legally 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 of Marriage.
Speaking with a qualified attorney in the Philippines is essential to ensure your case is processed correctly.