A marriage void ab initio is treated as non-existent from the moment of celebration . Under the law, it is as if the wedding never happened . Because it is fundamentally flawed, it can never be cured by time.
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by an officer without the legal power to solemnize weddings .
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically incapacitated to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered valid and effective until it is set aside by a competent court . Unlike void marriages , a voidable marriage may be validated if the injured party continues to live with the other after the defect is discovered .
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed 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).
Vitiated Consent: If the union was forced through threats.
Impotence: If one party is physically unable to complete the marriage.
Comparison Table
The main differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Ratification | Not possible | Can be validated | | Prescription | Imprescriptible | Limited period | | void vs voidable marriage philippines 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.
The Legal Process
To formally end these unions , you must submit 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 family lawyer in the Philippines is highly recommended to guarantee your case is handled correctly.