A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never occurred. Because it is legally flawed, it can never be cured by living together .
Common Grounds for Void Marriages
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 valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered binding and effective until it is canceled by a judge. Unlike null unions, a voidable marriage may be validated if the offended party continues to live with the other after the defect is discovered .
Why a Marriage is Voidable
Underage Consent Issues: 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 threats.
Impotence: If either party is biologically unable to complete the marriage.
Comparison Table
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status void vs voidable marriage philippines | Never existed | Valid until annulled | | Ratification | Cannot be cured | 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 , you must file a petition in 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 specialized family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.