A marriage void ab initio is treated as non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the wedding never happened . Because it is inherently flawed, it can never be fixed by living together .
Grounds Under the Family Code
Lack of Age: Unions where one party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by an officer without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered binding and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage may be ratified if the offended party cohabits with the other after the defect is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through threats.
Physical Incapacity : If one party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Limited period | | Children's Status | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological void vs voidable marriage philippines Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must submit a petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Speaking with a qualified attorney in the Philippines is highly recommended to guarantee your petition is handled correctly.