A marriage void ab initio is treated as non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is fundamentally flawed, it can never be ratified by time.
Why a Marriage is Considered Void
Lack of Age: Unions where either party is below 18, even with permission.
Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to fulfill 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 valid and effective until it is canceled by a competent court . Unlike null unions, a voidable marriage can be validated if the injured party cohabits with the other after the ground is removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If either spouse was mentally ill at the celebration.
Deception: Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through threats.
Physical Incapacity : If either party is biologically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the standing and the prescriptive period for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children void vs voidable marriage philippines of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally end these unions , you must submit a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Hiring a experienced attorney in the Philippines is the best step to ensure your petition is processed correctly.