A marriage void ab initio is deemed non-existent from the very beginning . Under the law, it is as if the wedding never occurred. Because it is inherently flawed, it can not be ratified by living together .
Common Grounds for Void Marriages
Lack of Age: Marriages where either party is below 18, even with permission.
Lack of Authority : Ceremonies performed by an officer without the legal power to solemnize marriages.
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally unable to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered valid and subsisting until it is canceled by a judge. Unlike void marriages , a voidable marriage can be validated if the injured party continues to live with the other after the defect is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either spouse was mentally ill at the time of the wedding .
Deception: Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was coerced through threats.
Impotence: If either party is biologically unable to consummate the marriage.
Comparison Table
The fundamental differences lie in the standing and the time limits for filing.
| Aspect | Void | Voidable | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Limited period | | Legitimacy | Legally 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 legally end these unions , you must file a petition in court . For a void marriage, you seek a Declaration of void vs voidable marriage philippines Absolute Nullity . For a voidable marriage, you request an Annulment .
Speaking with a specialized attorney in the Philippines is essential to manage your petition is processed correctly.