A marriage void ab initio is considered 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 fixed by time.
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to fulfill essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and subsisting until it is set aside by a competent court . Unlike null unions, a voidable marriage can be validated if the offended party continues to live with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was mentally ill at the time of the wedding .
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through violence .
Physical Incapacity : If one party is physically unable to consummate the marriage.
Comparison Table
The main differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | void vs voidable marriage philippines | Time Limit | Never expires | Limited period | | Legitimacy | Generally 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 formally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a experienced family lawyer in the Philippines is essential to manage your petition is handled correctly.