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 inherently flawed, it can not be ratified by time.
Grounds Under the Family Code
Underage Marriage : Unions where one party is below 18, even with permission.
Unauthorized Officers: Ceremonies performed by someone without the legal authority to solemnize weddings .
No Marriage License: Marrying without a legal marriage license (unless specifically exempted).
Article 36: When a party is mentally incapacitated to comply with essential marital duties.
Incestuous Marriages : Marriages between close relatives (e.g., siblings or descendants).
The Nature of Voidable Marriages
In contrast, a voidable marriage is initially considered valid and subsisting until it is set aside by a competent court . Unlike null unions, a voidable marriage may be validated if the injured party cohabits with the other after the ground is removed.
Grounds for Annulment
Lack of Parental Consent : If a party is between 18 and 21 and married 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 violence .
Physical Incapacity : void vs voidable marriage philippines If one party is physically unable to consummate the marriage.
Comparison Table
The main differences lie in the standing and the time limits for filing.
| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Status | Never existed | Valid until annulled | | Ratification | Cannot be cured | Can be validated | | Time Limit | Imprescriptible | Limited period | | 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 the Regional Trial Court. For a void marriage, you file for a Judicial Declaration of Nullity. For a voidable marriage, you petition for an Annulment of Marriage.
Speaking with a specialized family lawyer in the Philippines is highly recommended to ensure your petition is processed correctly.