A marriage void ab initio is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the wedding never took place . Because it is legally flawed, it can not be ratified by time.
Common Grounds for Void Marriages
Underage Marriage : Unions where one party is below 18, even with permission.
Unauthorized Officers: 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 .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage can be validated if the offended party cohabits with the other after the defect is removed.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through deceit (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was forced through threats.
Physical Incapacity : If either party is physically unable to consummate the marriage.
How They Differ
The main differences lie in the standing and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Healing | void vs voidable marriage philippines Not possible | Can be validated | | Prescription | 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 legally end these marriages, you must file a petition in court . For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment of Marriage.
Consulting a qualified attorney in the Philippines is the best step to manage your petition is handled correctly.