A marriage void ab initio is deemed non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the ceremony never happened . Because it is inherently flawed, it can not be cured by cohabitation .
Common Grounds for Void Marriages
Underage Marriage : Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is psychologically 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 effective until it is canceled by a competent court . Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the defect is discovered .
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was mentally ill at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was forced through violence .
Physical Incapacity : If one party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status void vs voidable marriage philippines and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Limited period | | Children's Status | Generally illegitimate* | Legitimate |
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 submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Speaking with a specialized family lawyer in the Philippines is highly recommended to manage your petition is processed correctly.