A marriage void ab initio is deemed non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the union never took place . Because it is legally flawed, it can not be ratified by time.
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically incapacitated to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered binding and subsisting until it is set aside by a competent court . Unlike null unions, a voidable marriage may be ratified if the injured 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 guardian permission.
Insanity : void vs voidable marriage philippines If one spouse was mentally ill at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through threats.
Physical Incapacity : If either party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Possible via cohabitation | | Time Limit | Never expires | Limited period | | Children's Status | Generally illegitimate* | Validly born |
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 file a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Speaking with a experienced family lawyer in the Philippines is essential to manage your petition is handled correctly.