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 fixed by living together .
Common Grounds for Void Marriages
Lack of Age: Marriages where either party is below 18, even with permission.
Lack of Authority : Ceremonies performed by an officer without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally incapacitated to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered valid and effective until it is canceled by a competent court . Unlike null unions, a voidable marriage may be ratified if the offended party cohabits with the other after the ground is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Insanity : If one spouse was of unsound mind at the celebration.
Fraud : Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was forced through violence .
Impotence: If either 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.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Not possible | 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.
The Legal Process
To legally end these unions , you must file a petition in court . void vs voidable marriage philippines For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Speaking with a specialized attorney in the Philippines is essential to manage your petition is processed correctly.