A marriage void ab initio is considered non-existent from the moment of celebration . Under the law, it is as if the ceremony never took place . Because it is inherently flawed, it can never be fixed by time.
Why a Marriage is Considered Void
Lack of Age: Marriages where one party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is mentally unable to fulfill essential marital obligations .
Incestuous Marriages : Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered binding and effective until it is annulled by a judge. Unlike null unions, a voidable marriage can be validated if the injured party continues to live with the other after the ground is discovered .
Why a Marriage is void vs voidable marriage philippines Voidable
Lack of Parental Consent : If a party is between 18 and 21 and wed without guardian permission.
Insanity : If either spouse was of unsound mind at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through threats.
Impotence: If one party is biologically unable to complete the marriage.
Comparison Table
The primary differences lie in the standing and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Possible via cohabitation | | Time Limit | Never expires | Limited period | | Children's Status | Generally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To formally end these unions , you must submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you request an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is highly recommended to guarantee your petition is handled correctly.