A marriage void ab initio is considered non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the union never happened . Because it is fundamentally flawed, it can never be cured by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Unions where either 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 legal marriage license (unless legally exempted).
Article 36: When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered valid and subsisting until it is annulled by a competent court . Unlike void marriages , a voidable marriage can be ratified 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 and married without parental permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through violence .
Physical Incapacity : If one party is physically unable to complete the marriage.
Comparison Table
The primary differences lie in the standing and the time limits for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | 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.
The Legal Process
To legally end these unions , you must file a petition in court . void vs voidable marriage philippines 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 guarantee your case is processed correctly.