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 occurred. Because it is inherently flawed, it can not be cured by living together .
Why a Marriage is Considered Void
Underage Marriage : Unions where one party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically unable to fulfill essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
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 defect is removed.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through violence .
Impotence: If one party is physically unable to consummate the marriage.
How They Differ
The primary differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | void vs voidable marriage philippines Never existed | Initially valid | | Ratification | Not possible | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Validly born |
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 marriages, you must submit a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Hiring a experienced attorney in the Philippines is essential to guarantee your case is handled correctly.