A marriage void ab initio is deemed non-existent from the start. Under the law, it is as if the ceremony never happened . Because it is legally flawed, it can not be ratified by living together .
Why a Marriage is Considered Void
Lack of Age: Marriages where one 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 valid marriage license (unless specifically exempted).
Article 36: When a party is mentally unable to comply with essential marital obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or ascendants ).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered binding and effective until it is canceled by a competent court . Unlike void marriages , a voidable marriage can be ratified if the offended party cohabits with the other after the ground is discovered .
Common Voidable Grounds
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Unsound Mind: If either spouse was mentally ill at the celebration.
Deception: Consent gained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the union was forced through threats.
Physical Incapacity : If one party is biologically unable to consummate the marriage.
How They Differ
The main differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Legal Nature | Never existed | Valid until annulled | | Ratification | Not possible | Can be validated | | void vs voidable marriage philippines Time Limit | Never expires | Limited period | | Children's Status | Generally illegitimate* | Validly born |
Note: Under the Family Code, children of marriages declared void due to Psychological Incapacity (Article 36) are considered legitimate.
The Legal Process
To formally end these unions , you must submit a petition in the Regional Trial 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 specialized attorney in the Philippines is essential to ensure your petition is processed correctly.