A marriage void ab initio is deemed non-existent from the start. Under the law, it is as if the ceremony never took place . Because it is fundamentally flawed, it can never be fixed by living together .
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by someone without the legal authority to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered binding and subsisting until it is canceled by a competent court . Unlike void marriages , a voidable marriage may be validated if the injured party continues to live with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without guardian 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 coerced through violence .
Impotence: If one party is biologically unable to consummate the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Never existed | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Limited period | | Legitimacy | 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 formally end these marriages, you must file a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Speaking with a specialized family lawyer in the Philippines is essential void vs voidable marriage philippines to guarantee your petition is processed correctly.