A marriage void ab initio is deemed non-existent from the very beginning . Under the law, it is as if the wedding never occurred. Because it is fundamentally flawed, it can not be fixed by cohabitation .
Grounds Under the Family Code
Underage Marriage : Marriages where either party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal authority to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is psychologically incapacitated to fulfill 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 subsisting until it is set aside by a competent court . Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the ground is removed.
Common Voidable Grounds
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 obtained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was coerced through violence .
Physical Incapacity : If either party is biologically unable to consummate the marriage.
Comparison Table
The primary differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status void vs voidable marriage philippines | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | Prescription | Imprescriptible | Limited period | | 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.
How to File
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 petition for an Annulment .
Hiring a specialized family lawyer in the Philippines is the best step to ensure your petition is handled correctly.