A marriage void ab initio is treated as non-existent from the very beginning . Under the law, it is as if the union never happened . Because it is inherently flawed, it can never be cured by time.
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with parental consent .
Lack of Authority : Marriages performed by someone without the legal authority to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered valid and subsisting until it is set aside by a competent court . Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If either spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through threats.
Impotence: If either party is biologically unable to complete the marriage.
How They Differ
The fundamental differences lie in the standing and the time limits for filing.
| Aspect | Void | 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 legally end these unions , void vs voidable marriage philippines you must file a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Speaking with a qualified family lawyer in the Philippines is highly recommended to manage your petition is processed correctly.