A marriage void ab initio is deemed non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never happened . Because it is fundamentally flawed, it can never be cured by living together .
Grounds Under the Family Code
Lack of Age: Marriages where either party is below 18, even with parental consent .
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 comply with essential marital duties.
Prohibited Relationships: Marriages between close 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 annulled 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 defect is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If one spouse was of unsound mind at the time of the wedding .
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was forced through violence .
Impotence: If either party is physically unable to complete the marriage.
How They Differ
The main differences lie in the standing and the prescriptive period for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Healing | Not possible | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Children's Status | Legally 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 legally end these unions , you must file a petition in court . For a void marriage, you file void vs voidable marriage philippines for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Speaking with a experienced family lawyer in the Philippines is essential to ensure your case is processed correctly.