A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the ceremony never took place . Because it is legally flawed, it can not be cured by living together .
Grounds Under the Family Code
Lack of Age: Marriages where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by someone without the legal power to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Article 36: When a party is psychologically unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered valid and effective until it is set aside by a competent court . Unlike null unions, a voidable marriage may be validated if the injured party continues to live with the other after the defect is discovered .
Grounds for Annulment
Lack of Parental Consent : If a void vs voidable marriage philippines party is between 18 and 21 and wed without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Deception: Consent gained through lies (e.g., concealing a pregnancy by another).
Vitiated Consent: If the union was coerced through violence .
Physical Incapacity : If one party is physically 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 Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Time Limit | Imprescriptible | Limited period | | Children's Status | Legally illegitimate* | 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 unions , you must file a petition in court . For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Speaking with a qualified family lawyer in the Philippines is highly recommended to manage your petition is processed correctly.