A marriage void ab initio is deemed non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is fundamentally flawed, it can never be fixed by living together .
Why a Marriage is Considered Void
Underage Marriage : Unions where either party is below 18, even with permission.
Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be validated if the offended party cohabits with the other after the defect is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If one spouse was mentally ill at the celebration.
Deception: Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through violence .
Physical Incapacity : If either party is biologically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status 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 | Never expires | Limited period | | Legitimacy | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To formally end void vs voidable marriage philippines these marriages, you must submit a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a qualified family lawyer in the Philippines is essential to manage your petition is processed correctly.