A marriage void ab initio is treated as non-existent from the moment of celebration . Under the law, it is as if the union never happened . Because it is inherently flawed, it can never be cured by time.
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with permission.
Lack of Authority : Marriages performed by someone without the legal power to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is psychologically incapacitated to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is canceled by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.
Insanity : If either spouse was mentally ill at the time of the wedding .
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through threats.
Impotence: If either party is biologically unable to consummate the marriage.
Comparison Table
The main differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Not possible | Possible via cohabitation | | Prescription | Never expires | Limited period | | Legitimacy void vs voidable marriage philippines | 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 legally end these unions , you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment .
Consulting a experienced attorney in the Philippines is essential to guarantee your case is processed correctly.