A marriage void ab initio is considered non-existent from the very beginning . Under the law, it is as if the wedding never occurred. 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 .
Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered binding 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 discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If one spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was forced through threats.
Impotence: If either party is physically unable to consummate the marriage.
Comparison Table
The main differences lie in the standing and the time limits void vs voidable marriage philippines for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Cannot be cured | Can be validated | | Time Limit | Never expires | Usually 5 years | | 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 Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a qualified family lawyer in the Philippines is highly recommended to ensure your case is handled correctly.