A marriage void ab initio is treated as 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 never be cured by time.
Why a Marriage is Considered Void
Underage Marriage : Marriages where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is set aside by a competent court . Unlike void marriages , a voidable marriage can be ratified if the injured party cohabits with the other after the ground is removed.
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If one spouse was mentally ill at the celebration.
Deception: Consent obtained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through violence .
Impotence: If either party is physically unable to complete the marriage.
Comparison Table
The primary differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Ratification | Not possible | Can be validated | | Time Limit | Never expires | Limited period | | Legitimacy | 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 file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Consulting a experienced family lawyer in the Philippines is highly recommended to void vs voidable marriage philippines guarantee your case is processed correctly.