A marriage void ab initio is deemed non-existent from the start. Under the law, it is as if the union never occurred. Because it is fundamentally flawed, it can never be ratified by living together .
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with permission.
Lack of Authority : Ceremonies performed by an officer without the legal authority to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to comply with essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered binding and effective until it is canceled by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party continues to live with the other after the ground is removed.
Why a Marriage is Voidable
Lack of Parental Consent : 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 gained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through violence .
Impotence: If one party is biologically unable to complete the marriage.
How They Differ
The fundamental differences lie in the standing and the time limits for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | Usually 5 years | | Legitimacy | 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 unions , you must file a petition in the Regional Trial Court. void vs voidable marriage philippines For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a qualified attorney in the Philippines is the best step to manage your petition is handled correctly.