A marriage void ab initio is treated as non-existent from the start. Under the law, it is as if the union never occurred. Because it is legally flawed, it can not be ratified by cohabitation .
Common Grounds for Void Marriages
Underage Marriage : Unions where one party is below 18, even with permission.
Lack of Authority : Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is initially considered binding and subsisting until it is canceled by a judge. Unlike null unions, a voidable marriage can be validated if the offended party cohabits with the other after the defect is removed.
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
void vs voidable marriage philippines Unsound Mind: If either spouse was of unsound mind at the time of the wedding .
Deception: Consent obtained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the marriage was coerced through violence .
Impotence: If one party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Usually 5 years | | Legitimacy | Legally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To formally end these unions , you must submit a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Hiring a qualified family lawyer in the Philippines is the best step to manage your petition is processed correctly.