A marriage void ab initio is treated as non-existent from the very beginning . Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can not be ratified by living together .
Common Grounds for Void Marriages
Underage Marriage : Marriages where one party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
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 continues to live with the other after the defect is void vs voidable marriage philippines discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: 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.
How They Differ
The fundamental differences lie in the standing and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Healing | Not possible | Possible via cohabitation | | Time Limit | Never expires | Limited period | | Legitimacy | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must file 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 .
Speaking with a experienced family lawyer in the Philippines is highly recommended to ensure your case is processed correctly.