A marriage void ab initio is treated as non-existent from the very beginning . Under the law, it is as if the ceremony never happened . Because it is fundamentally flawed, it can not be cured by time.
Why a Marriage is Considered Void
Underage Marriage : Unions where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid 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 competent court . Unlike null unions, a voidable marriage can 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.
Insanity : If one spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through violence .
void vs voidable marriage philippines Impotence: If either party is biologically unable to consummate the marriage.
How They Differ
The primary differences lie in the standing and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Prescription | Imprescriptible | Limited period | | Legitimacy | Legally 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 unions , you must file a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a specialized attorney in the Philippines is essential to ensure your case is processed correctly.