A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never took place . Because it is legally flawed, it can never be fixed by cohabitation .
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone without the legal power to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party continues to live with the other after the defect is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If one spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the union was coerced through threats.
Impotence: If either party is biologically unable to complete the marriage.
How They Differ
The fundamental differences lie in the standing and the time limits for filing.
| Aspect | Void | void vs voidable marriage philippines Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Prescription | 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.
Taking Action
To formally end these unions , you must file 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 experienced attorney in the Philippines is essential to guarantee your case is processed correctly.