A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never happened . Because it is legally flawed, it can never be fixed by time.
Common Grounds for Void Marriages
Underage Marriage : Unions where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered binding and effective until it is canceled by a judge. Unlike null unions, a voidable marriage may be ratified if the offended party continues to live with the other after the ground is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: 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 marriage was coerced through violence .
Impotence: If one party is biologically unable to consummate the marriage.
Comparison Table
The primary differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Prescription | Never expires | Limited period | | Legitimacy | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these unions , you must file a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable void vs voidable marriage philippines marriage, you request an Annulment of Marriage.
Hiring a experienced attorney in the Philippines is essential to guarantee your case is handled correctly.