A marriage void ab initio is treated as non-existent from the start. Under the law, it is as if the wedding never happened . Because it is legally flawed, it can never be fixed by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Marriages where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered valid and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage can be validated if the injured party continues to live with the other after the ground is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : void vs voidable marriage philippines If one spouse was of unsound mind at the time of the wedding .
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the union was forced through threats.
Physical Incapacity : If either party is physically unable to complete the marriage.
How They Differ
The main differences lie in the legal status and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Legitimacy | Generally illegitimate* | Legitimate |
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 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.
Hiring a qualified attorney in the Philippines is the best step to guarantee your petition is processed correctly.