A marriage void ab initio is considered non-existent from the moment of celebration . Under the law, it is as if the union never occurred. Because it is inherently 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 authority to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered valid and subsisting until it is annulled by a competent court . Unlike void marriages , a voidable marriage can be validated if the offended party continues to live with the void vs voidable marriage philippines other after the defect is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was of unsound mind at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was coerced through threats.
Impotence: If one 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 Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | Prescription | Never expires | Limited period | | Children's Status | Generally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Hiring a specialized family lawyer in the Philippines is essential to guarantee your petition is handled correctly.