A marriage void ab initio is considered non-existent from the very beginning . Under the Family Code of the Philippines , it is as if the union never occurred. Because it is fundamentally flawed, it can never be fixed by living together .
Grounds Under the Family Code
Underage Marriage : Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or ascendants ).
What is a Voidable Marriage?
In contrast, a voidable marriage is legally considered valid and effective until it is set aside by a judge. Unlike void marriages , a voidable marriage may be ratified if the injured party continues to live with the other after the ground void vs voidable marriage philippines is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Insanity : If one spouse was mentally ill at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was forced through threats.
Physical Incapacity : If one party is biologically unable to consummate the marriage.
Comparison Table
The primary differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Healing | Not possible | Possible via cohabitation | | Time Limit | Never expires | Usually 5 years | | Legitimacy | Legally 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 Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Speaking with a experienced attorney in the Philippines is highly recommended to guarantee your petition is processed correctly.