A marriage void ab initio is deemed non-existent from the very beginning . Under the law, it is as if the union never happened . Because it is fundamentally flawed, it can not be fixed by cohabitation .
Grounds Under the Family Code
Lack of Age: Marriages where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by an officer without the legal power to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is psychologically incapacitated to comply with essential marital obligations .
Incestuous Marriages : 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 null unions, a voidable marriage can be ratified if the injured party continues to live with the other after the ground is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through violence .
Impotence: If one party is biologically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | Usually 5 years | | Children's Status | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must file a petition void vs voidable marriage philippines in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is the best step to ensure your case is handled correctly.