A marriage void ab initio is treated as non-existent from the moment of celebration . Under the law, it is as if the wedding never took place . Because it is legally flawed, it can not be ratified by living together .

Common Grounds for Void Marriages
Underage Marriage : 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 valid marriage license (unless specifically exempted).

Psychological Incapacity : When a party is mentally incapacitated to fulfill essential marital duties.

Prohibited Relationships: 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 judge. Unlike void marriages , a voidable marriage can be ratified if the offended party continues to live with the other after the defect is discovered .

Common Voidable Grounds
Lack of Parental Consent : If a party is between 18 and 21 and married without parental permission.

Insanity : If either spouse was mentally ill at the time of the wedding .

Fraud : Consent obtained through deceit (e.g., concealing a void vs voidable marriage philippines criminal record ).

Force or Intimidation : If the marriage was forced through violence .

Physical Incapacity : If one party is physically unable to consummate the marriage.

Key Differences: Void vs Voidable
The primary differences lie in the legal status and the prescriptive period for filing.

| Feature | Void Marriage | Voidable Marriage | | :--- | :--- | :--- | | Legal Nature | Invalid from start | Initially valid | | Healing | Cannot be cured | Possible via cohabitation | | Prescription | Imprescriptible | 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 legally end these marriages, you must submit a petition in 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 essential to ensure your case is processed correctly.