A marriage void ab initio is treated as non-existent from the very beginning . Under the law, it is as if the union never happened . Because it is inherently flawed, it can not be fixed by living together .
Common Grounds for Void Marriages
Underage Marriage : Marriages where one party is below 18, even with parental consent .
Lack of Authority : Ceremonies performed by an officer without the legal authority to solemnize weddings .
Absence of License : Marrying without a legal marriage license (unless legally exempted).
Psychological Incapacity : When a party is psychologically incapacitated to fulfill essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
Understanding Voidable Marriages
In contrast, a voidable marriage is originally considered valid and effective until it is set aside by a competent court . Unlike null unions, a voidable marriage can be validated if the offended party cohabits with the other after the defect is discovered .
Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and wed without parental permission.
Unsound Mind: If either spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Force or Intimidation : If the marriage was coerced through violence .
Impotence: If either party is physically unable to complete the marriage.
Comparison Table
The fundamental differences lie in the legal status and the time limits for filing.
| Aspect | Void Marriage | Voidable | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Healing | Not possible | Can be validated | | Time Limit | Never expires | 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.
The Legal Process
To formally end these marriages, you must file a petition in the Regional Trial Court. For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you petition for an Annulment .
Speaking with a experienced family lawyer in the void vs voidable marriage philippines Philippines is essential to manage your petition is processed correctly.