A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never occurred. Because it is legally flawed, it can never be cured by time.
Common Grounds for Void Marriages
Underage Marriage : Unions where one 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 specifically exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and subsisting until it is set aside by a competent court . Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If either spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through violence .
Physical Incapacity : If one party is physically unable to void vs voidable marriage philippines consummate the marriage.
Comparison Table
The main differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Not possible | Can be validated | | Time Limit | Imprescriptible | Limited period | | Legitimacy | Legally 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 unions , you must file 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 of Marriage.
Speaking with a specialized family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.