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 time.
Common Grounds for Void Marriages
Lack of Age: 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 legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to fulfill 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 subsisting until it is canceled by a competent court . Unlike null unions, a voidable marriage can be ratified if the injured party continues to live with the other after the defect is removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was of unsound mind at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through violence .
Physical Incapacity : If either party is biologically unable to consummate the marriage.
Comparison Table
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Not possible | Possible via cohabitation | | Prescription | Imprescriptible | Limited period void vs voidable marriage philippines | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must file a petition 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 qualified family lawyer in the Philippines is essential to guarantee your petition is processed correctly.