A marriage void ab initio is considered non-existent from the moment of celebration . Under the law, it is as if the union never occurred. Because it is inherently flawed, it can not be fixed by time.
Common Grounds for Void Marriages
Underage Marriage : Marriages where either party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by an officer without the legal authority to solemnize marriages.
Absence of License : Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is psychologically incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is annulled by a judge. Unlike null unions, a voidable marriage can be validated if the injured party continues to live with the other after the defect is removed.
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was coerced through violence .
Physical Incapacity : If either party is biologically unable to complete 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 | | Healing | Not possible | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Legitimacy | Generally illegitimate* | Legitimate |
Note: Under void vs voidable marriage philippines the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment .
Hiring a qualified attorney in the Philippines is highly recommended to guarantee your case is handled correctly.