A marriage void ab initio is considered non-existent from the very beginning . Under the law, it is as if the wedding never occurred. Because it is inherently flawed, it can not be ratified by living together .
Why a Marriage is Considered Void
Lack of Age: Marriages where one party is below 18, even with permission.
Lack of Authority : Ceremonies performed by someone without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered valid 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.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was of unsound mind at the time of the wedding void vs voidable marriage philippines .
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was forced through threats.
Impotence: If either party is biologically unable to consummate the marriage.
Comparison Table
The main differences lie in the standing and the time limits for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Cannot be cured | Can be validated | | Prescription | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To formally end these marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Consulting a qualified family lawyer in the Philippines is highly recommended to ensure your case is handled correctly.