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 union never happened . Because it is legally flawed, it can never be cured by cohabitation .
Grounds Under the Family Code
Underage Marriage : Unions where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to fulfill essential marital duties.
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and subsisting until it is set aside 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.
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Deception: Consent gained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the union was coerced through threats.
Physical Incapacity : If one party is physically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Ratification | Not possible | Possible via cohabitation | | Prescription | Never expires | Limited period | | Legitimacy | Legally illegitimate* | void vs voidable marriage philippines Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To formally end these marriages, you must file a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Consulting a specialized family lawyer in the Philippines is essential to guarantee your case is handled correctly.