A marriage void ab initio is treated as non-existent from the start. Under the Family Code of the Philippines , it is as if the wedding never took place . Because it is inherently flawed, it can never be ratified by time.
Common Grounds for Void Marriages
Underage Marriage : Marriages where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal power to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless legally exempted).
Article 36: When a party is mentally unable to comply with essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered valid and effective until it is set aside by a judge. Unlike null unions, a voidable marriage can be ratified if the injured party cohabits 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 wed without guardian permission.
Insanity : If one spouse was mentally ill at the time of the wedding .
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was coerced through violence .
Physical Incapacity : If either party is physically unable to complete 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 | Limited period | | Children's Status | Legally illegitimate* | Validly born |
Note: Under the void vs voidable marriage philippines 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 submit a petition in the Regional Trial Court. For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a specialized attorney in the Philippines is the best step to ensure your case is handled correctly.