A marriage void ab initio is deemed non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never happened . Because it is inherently flawed, it can not be fixed by time.
Why a Marriage is Considered Void
Lack of Age: Unions where either party is below 18, even with parental consent .
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 ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered valid and effective until it is set aside by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party cohabits with the other after the defect is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Insanity : If either spouse was of unsound mind at the celebration.
Deception: Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through violence .
Physical Incapacity : If either party is physically unable to complete the marriage.
How They Differ
The main differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Not possible | Possible via cohabitation | | Time Limit | Never expires | Usually 5 years | | Legitimacy | Generally illegitimate* | Legitimate |
Note: Under the Family Code, void vs voidable marriage philippines children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these unions , you must file a petition in the Regional Trial Court. For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Consulting a qualified family lawyer in the Philippines is the best step to manage your petition is processed correctly.