A marriage void ab initio is considered non-existent from the very beginning . Under the law, it is as if the wedding never occurred. Because it is fundamentally flawed, it can not be cured by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Marriages where one party is below 18, even with permission.
Lack of Authority : Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a valid marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is originally considered binding and subsisting until it is canceled by a competent court . Unlike void marriages , a voidable marriage may be validated if the offended party cohabits with the other after the ground is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without guardian permission.
Unsound Mind: If either 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 coerced through threats.
Physical Incapacity : If one party is biologically unable to complete the marriage.
Key Differences: Void vs Voidable
The main differences lie in the standing and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Not possible | Can be validated | | Time Limit | Imprescriptible | Usually 5 years | | Children's Status | 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 formally end these marriages, you must submit a petition in court . For a void marriage, you seek a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment of Marriage.
Hiring a experienced family lawyer in the Philippines is highly recommended to ensure your case void vs voidable marriage philippines is handled correctly.