A marriage void ab initio is treated as non-existent from the moment of celebration . Under the law, it is as if the ceremony never occurred. Because it is legally flawed, it can not be ratified by cohabitation .
Why a Marriage is Considered Void
Lack of Age: Unions where one party is below 18, even with permission.
Lack of Authority : Marriages performed by someone 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 obligations .
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is legally considered binding and effective until it is canceled by a judge. Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the defect is discovered .
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and married without parental permission.
Insanity : If one spouse was of unsound mind at the celebration.
Deception: Consent obtained through deceit (e.g., concealing a criminal record ).
Vitiated Consent: If the marriage was forced through violence .
Physical Incapacity : If either void vs voidable marriage philippines party is biologically unable to consummate the marriage.
Comparison Table
The main differences lie in the standing and the time limits for filing.
| Aspect | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Invalid from start | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Never expires | Usually 5 years | | Legitimacy | Legally 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 legally end these unions , you must submit a petition in the Regional Trial Court. For a void marriage, you file for a Declaration of Absolute Nullity . For a voidable marriage, you request an Annulment .
Consulting a qualified attorney in the Philippines is the best step to guarantee your case is handled correctly.