A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never took place . Because it is fundamentally flawed, it can never be ratified by living together .
Why a Marriage is Considered Void
Underage Marriage : Marriages where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is annulled by a competent court . Unlike void marriages , a voidable marriage can be validated if the injured party cohabits with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and void vs voidable marriage philippines married without guardian permission.
Insanity : If one spouse was mentally ill at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through violence .
Impotence: If one party is biologically unable to complete the marriage.
How They Differ
The primary differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Healing | Not possible | Can be validated | | Prescription | Never expires | Limited period | | Legitimacy | Generally 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 legally end these unions , you must file 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 of Marriage.
Hiring a specialized attorney in the Philippines is the best step to ensure your case is handled correctly.