A marriage void ab initio is treated as non-existent from the start. Under the law, it is as if the union never happened . Because it is legally flawed, it can not be cured by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with parental consent .
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize marriages.
No Marriage License: Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is mentally unable to comply with essential marital duties.
Prohibited Relationships: Marriages between close relatives (e.g., siblings or ascendants ).
The Nature of 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 can be ratified if the injured party continues to live with the other after the ground is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a 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 threats.
Physical Incapacity : If either party is physically unable to complete the marriage.
Key Differences: Void vs Voidable
The primary differences lie in the legal status and the prescriptive period for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Healing | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Limited period | | void vs voidable marriage philippines Legitimacy | Legally illegitimate* | Legitimate |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
How to File
To legally end these unions , you must file 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.
Speaking with a experienced attorney in the Philippines is essential to manage your case is processed correctly.