A marriage void ab initio is deemed non-existent from the start. Under the law, it is as if the wedding never occurred. Because it is fundamentally flawed, it can never be fixed by living together .
Why a Marriage is Considered Void
Underage Marriage : Unions where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to fulfill essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and subsisting until it is set aside by a competent court . Unlike void marriages , a voidable marriage may be ratified 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 void vs voidable marriage philippines without parental permission.
Insanity : If either spouse was mentally ill at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through violence .
Physical Incapacity : If one party is physically unable to 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 | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Limited period | | Legitimacy | 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 submit 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 .
Consulting a qualified family lawyer in the Philippines is the best step to manage your petition is processed correctly.