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 union never took place . Because it is inherently flawed, it can not be ratified by living together .
Why a Marriage is Considered Void
Underage Marriage : Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and effective until it is canceled by a competent court . Unlike null unions, a voidable marriage may be ratified if the injured party cohabits with the other after the defect is discovered .
Grounds for Annulment
Lack of Parental Consent : If a party is void vs voidable marriage philippines between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was mentally ill at the time of the wedding .
Deception: Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was forced through threats.
Impotence: If one party is physically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Limited period | | Legitimacy | Legally illegitimate* | Legitimate |
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 unions , you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Consulting a specialized family lawyer in the Philippines is essential to manage your petition is processed correctly.