A marriage void ab initio is considered non-existent from the start. Under the Family Code of the Philippines , it is as if the union never happened . Because it is fundamentally flawed, it can not be fixed by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Marriages where either party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal power to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally 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.
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If one spouse was of unsound mind at the celebration.
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was forced through threats.
Physical Incapacity : If one party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | Limited period | | Children's Status | Generally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to void vs voidable marriage philippines Psychological Incapacity (Article 36) are considered legitimate.
Taking Action
To legally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Hiring a specialized attorney in the Philippines is essential to ensure your case is handled correctly.