A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never occurred. Because it is inherently flawed, it can never be cured by living together .
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with parental consent .
Lack of Authority : Marriages 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 fulfill essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered binding and effective until it is set aside by a competent court . Unlike void marriages , a voidable marriage can be validated if the injured party continues to live with the other after the defect is discovered .
Why a Marriage is Voidable
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity void vs voidable marriage philippines : If either spouse was mentally ill at the celebration.
Deception: Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through threats.
Physical Incapacity : If one party is biologically unable to complete the marriage.
Comparison Table
The main differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | 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 Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Speaking with a experienced family lawyer in the Philippines is essential to ensure your case is processed correctly.