A marriage void ab initio is treated as non-existent from the moment of celebration . Under the law, it is as if the ceremony never happened . Because it is inherently flawed, it can not be fixed by living together .
Common Grounds for Void Marriages
Lack of Age: Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is canceled by a competent court . Unlike void marriages , a voidable marriage may be ratified if the injured void vs voidable marriage philippines party cohabits with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was mentally ill at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was forced through violence .
Physical Incapacity : If one party is physically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Ratification | Not possible | Possible via cohabitation | | Prescription | Imprescriptible | Limited period | | 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 formally end these unions , you must submit a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Speaking with a experienced family lawyer in the Philippines is essential to guarantee your petition is processed correctly.