A marriage void ab initio is considered non-existent from the very beginning . Under the law, it is as if the ceremony never took place . Because it is legally flawed, it can never be cured by time.
Grounds Under the Family Code
Lack of Age: Marriages where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically incapacitated to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered binding and effective until it is annulled by a competent court . Unlike null unions, a voidable marriage may be ratified if the offended party cohabits with the other after the ground 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 either spouse was of unsound mind at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was coerced through threats.
Impotence: If one party is physically unable to complete the marriage.
How They Differ
The fundamental differences lie in the standing and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | void vs voidable marriage philippines Healing | Cannot be cured | Can be validated | | Prescription | Never expires | Limited period | | Children's Status | Legally 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 formally end these unions , you must submit a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is essential to ensure your case is processed correctly.