A marriage void ab initio is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never took place . Because it is fundamentally flawed, it can not be fixed by living together .
Why a Marriage is Considered Void
Underage Marriage : Unions where either party is below 18, even with permission.
Lack of Authority : Ceremonies performed by someone without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be validated if the offended party cohabits with the other after the defect is removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Insanity : If either spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was coerced through violence .
Impotence: If either party is physically unable to consummate the marriage.
How They Differ
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void | Voidable | | void vs voidable marriage philippines :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Not possible | Can be validated | | Time Limit | Never expires | Usually 5 years | | 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 formally end these marriages, you must submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Consulting a specialized attorney in the Philippines is the best step to ensure your case is handled correctly.