A marriage void ab initio is treated as non-existent from the moment of celebration . Under the law, it is as if the wedding never happened . Because it is fundamentally flawed, it can not be fixed by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Unions where either party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by an officer without the legal authority to solemnize marriages.
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.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered valid and effective until it is set aside by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If either spouse was mentally ill at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through threats.
Impotence: If either party is biologically unable to complete the marriage.
Comparison Table
The main differences lie in the standing and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Healing | Cannot be cured | Can be validated | | Time Limit | 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.
The Legal Process
To formally end these marriages, you must submit a petition void vs voidable marriage philippines in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Hiring a experienced attorney in the Philippines is essential to ensure your case is processed correctly.