A marriage void ab initio is treated as non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the union never took place . Because it is inherently flawed, it can not be ratified by living together .
Why a Marriage is Considered Void
Lack of Age: Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered valid and effective until it is annulled by a competent court . Unlike null unions, a voidable marriage can be ratified if the injured party cohabits with the other after the defect is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : If either spouse was of unsound mind at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through threats.
Physical Incapacity : If one party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | void vs voidable marriage philippines Legal Nature | Invalid from start | Initially valid | | Ratification | Not possible | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Children's Status | 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 formally end these marriages, you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Speaking with a specialized attorney in the Philippines is the best step to manage your case is handled correctly.