A marriage void ab initio is treated as non-existent from the start. Under the law, it is as if the wedding never happened . Because it is legally flawed, it can not be cured by cohabitation .
Common Grounds for Void Marriages
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically incapacitated to fulfill essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of 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 injured party continues to live with the other after the ground is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was mentally ill at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was forced through threats.
Impotence: If either party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the standing and the time limits for filing.
| Aspect | Void void vs voidable marriage philippines Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | 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 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 experienced attorney in the Philippines is the best step to manage your case is handled correctly.