A marriage void ab initio is deemed non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never occurred. Because it is legally flawed, it can never be cured by living together .
Common Grounds for Void Marriages
Lack of Age: Unions where one party is below 18, even with parental consent .
Lack of Authority : Marriages performed by an officer without the legal authority to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically incapacitated to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is canceled by a competent court . Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the defect is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed void vs voidable marriage philippines without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through threats.
Impotence: If either party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | 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.
The Legal Process
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 of Marriage.
Hiring a experienced family lawyer in the Philippines is essential to manage your petition is processed correctly.