A marriage void ab initio is considered non-existent from the start. Under the law, it is as if the wedding never took place . Because it is legally flawed, it can not be ratified by living together .
Common Grounds for Void Marriages
Underage Marriage : Marriages where one party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Article 36: 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 set aside by a competent court . Unlike null unions, a voidable marriage may be validated 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 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 void vs voidable marriage philippines marriage 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 | | Ratification | 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 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 .
Speaking with a qualified family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.