A marriage void ab initio is considered non-existent from the start. Under the law, it is as if the ceremony never took place . Because it is fundamentally flawed, it can never be ratified by time.
Why a Marriage is Considered Void
Underage Marriage : Unions where either party is below 18, even with permission.
Unauthorized Officers: Marriages performed by an officer without the legal authority to solemnize marriages.
Absence of License : Marrying without a legal marriage license (unless specifically exempted).
Psychological Incapacity : When a party is psychologically unable to fulfill essential marital obligations .
Prohibited Relationships: Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is originally considered valid and subsisting until it is canceled 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 removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without guardian permission.
Insanity : If one spouse was of unsound mind at the time of the wedding .
Fraud : Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was forced through violence .
Impotence: If either party is physically unable to consummate the marriage.
Comparison Table
The fundamental differences lie in the legal status and the prescriptive period for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Not possible | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | Children's Status | Generally illegitimate* | Legitimate void vs voidable marriage philippines |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To legally end these unions , you must submit a petition in court . For a void marriage, you seek a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Consulting a specialized attorney in the Philippines is the best step to manage your petition is processed correctly.