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 wedding never occurred. Because it is legally flawed, it can never be ratified by cohabitation .
Common Grounds for Void Marriages
Underage Marriage : Unions where one party is below 18, even with parental consent .
Lack of Authority : Marriages performed by someone without the legal authority to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered valid and subsisting until it is set aside by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits 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 either spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If one party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Usually 5 years | | void vs voidable marriage philippines Children's Status | Legally illegitimate* | Legitimate |
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 marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Consulting a qualified family lawyer in the Philippines is the best step to manage your petition is processed correctly.