A marriage void ab initio is considered non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the union never occurred. Because it is legally flawed, it can not be fixed by time.
Common Grounds for Void Marriages
Underage Marriage : Marriages where one party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is mentally unable 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 initially considered binding and effective until it is annulled by a judge. Unlike void marriages , a voidable marriage can be validated if the offended party continues to live with the other after the ground is discovered .
Grounds for Annulment
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Fraud : Consent gained through lies (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through threats.
Physical Incapacity : If either party is physically unable to complete the marriage.
Comparison Table
The primary differences lie in the legal status and void vs voidable marriage philippines the time limits for filing.
| Feature | Void | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Valid until annulled | | Healing | Not possible | Can be validated | | Prescription | Imprescriptible | Usually 5 years | | Legitimacy | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally 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 request an Annulment of Marriage.
Hiring a qualified family lawyer in the Philippines is essential to manage your petition is processed correctly.