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.
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally incapacitated to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is canceled by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party cohabits with the other after the defect is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through lies (e.g., concealing a void vs voidable marriage philippines criminal record ).
Vitiated Consent: If the union was forced through threats.
Physical Incapacity : If either party is biologically unable to consummate the marriage.
How They Differ
The main differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | 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.
The Legal Process
To legally end these marriages, you must submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Speaking with a qualified family lawyer in the Philippines is essential to guarantee your petition is handled correctly.