A marriage void ab initio is treated as non-existent from the moment of celebration . Under the Family Code of the Philippines , it is as if the union never took place . Because it is legally flawed, it can never be fixed by cohabitation .
Common Grounds for Void Marriages
Lack of Age: Marriages where one party is below 18, even with permission.
Lack of Authority : Ceremonies performed by someone 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 incapacitated to comply with essential marital obligations .
Prohibited Relationships: Marriages between direct relatives (e.g., siblings or descendants).
What is a Voidable Marriage?
In contrast, a voidable marriage is initially considered valid and subsisting until it is annulled by a competent court . Unlike void marriages , a voidable marriage can be validated if the injured party continues to live with the other after the ground is removed.
Why a Marriage is Voidable
Underage Consent Issues: If a party is between 18 and 21 and wed without parental permission.
Insanity : If one spouse was of unsound mind at the time of the wedding .
Fraud : Consent obtained through lies (e.g., concealing a pregnancy by another).
Force or Intimidation : If the marriage was coerced through threats.
Impotence: If one party is physically unable to consummate the marriage.
How They Differ
The primary differences lie in the legal status and the prescriptive period for filing.
| Feature | Void | Voidable | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Valid until annulled | | Ratification | Not possible | Can be validated | | Time Limit | Imprescriptible | 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.
How to File
To formally end these marriages, 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 .
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