A marriage void ab initio is treated as non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never occurred. Because it is legally flawed, it can never be ratified by cohabitation .
Why a Marriage is Considered Void
Underage Marriage : Marriages where either 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 specifically exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is annulled by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits with void vs voidable marriage philippines the other after the ground is removed.
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If either spouse was mentally ill at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through threats.
Impotence: If one party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the standing and the time limits for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | 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 unions , you must submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Hiring a specialized family lawyer in the Philippines is the best step to ensure your petition is handled correctly.