A marriage void ab initio is treated as non-existent from the moment of celebration . Under the law, it is as if the union never occurred. Because it is fundamentally flawed, it can not be fixed by cohabitation .
Grounds Under the Family Code
Underage Marriage : Marriages where one party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to comply with 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 initially considered valid and subsisting 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 discovered .
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was mentally ill at the time of the wedding .
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was forced through threats.
Physical Incapacity : If one party is biologically unable to consummate the marriage.
Comparison Table
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | void vs voidable marriage philippines Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Limited period | | 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.
Taking Action
To formally end these marriages, you must submit a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is highly recommended to guarantee your petition is processed correctly.