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 fundamentally flawed, it can not be cured by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Marriages 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 legal marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to fulfill essential marital obligations .
Incestuous Marriages : 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 annulled by a competent court . Unlike void marriages , a voidable marriage may be ratified if the offended party continues to live with the other after the ground is removed.
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Insanity : If one spouse was mentally ill at the celebration.
Deception: Consent gained through deceit (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through violence .
Physical Incapacity : If either party is physically unable to consummate the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Never existed | Initially valid | | Ratification | Cannot be cured | Possible via cohabitation | | Time Limit | Never expires | Usually 5 years | | Legitimacy | Legally illegitimate* | Validly born |
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 unions , you must submit 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.
Consulting a experienced family lawyer in the Philippines void vs voidable marriage philippines is essential to manage your case is handled correctly.