A marriage void ab initio is deemed non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never occurred. Because it is inherently flawed, it can never be cured by time.
Common Grounds for Void Marriages
Lack of Age: Unions where one party is below 18, even with parental consent .
Lack of Authority : Marriages performed by an officer without the legal authority to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically incapacitated to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is annulled by a competent court . Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the ground is removed.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If either spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If one party is physically unable to consummate the marriage.
Comparison Table
The primary differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially void vs voidable marriage philippines valid | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Limited period | | Legitimacy | Generally 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 file 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 of Marriage.
Speaking with a specialized family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.