A marriage void ab initio is treated as non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is inherently flawed, it can not be ratified by time.
Why a Marriage is Considered Void
Underage Marriage : Unions where either party is below 18, even with permission.
Lack of Authority : Ceremonies performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding and subsisting until it is set aside by a judge. Unlike void marriages , a voidable marriage may be validated if the offended party continues to live with the other after the ground is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through threats.
Impotence: If one party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially void vs voidable marriage philippines valid | | Healing | Not possible | Possible via cohabitation | | Prescription | Imprescriptible | Limited period | | Legitimacy | 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 seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Speaking with a experienced attorney in the Philippines is the best step to ensure your case is handled correctly.