A marriage void ab initio is deemed 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 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 specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage can be validated if the offended 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 married without parental permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through threats.
Impotence: If one party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Ratification | Not possible | Can be validated | | Time Limit | Never expires | Usually 5 years | | Children's Status | Legally 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 void vs voidable marriage philippines a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a qualified family lawyer in the Philippines is essential to manage your petition is handled correctly.