“I was 20 years old when I got married, but my parents didn’t know that I was married. Is my marriage valid?” This is one of the discussions or questions, submitted through the comments in various posts, which centers on the validity of marriage without the knowledge or consent of parents. This is a general discussion on parental consent and parental advice.
PARENTAL CONSENT VS. PARENTAL ADVICE
“Parental consent” and “parental advice” are different legal concepts and CANNOT be used interchangeably. The “parental consent” or “parental advice”, as the case may be, is required during the application for a marriage license.
- Parental consent is required when either or both of the contracting parties are between the ages of eighteen (18) and twenty-one (21).
- Parental advice, on the other hand, is required if either or both of the contracting parties is/are between the age of twenty-one (21) and twenty-five (25).
PARENTAL CONSENT: EFFECT OF ABSENCE
The marriage is voidable, subject to the filing of a petition for annulment. In other words, the marriage is valid until annulled. There are two limitations:
- 1. It could be filed only on behalf of the party who is between 18 and 21 at the time of marriage. [See Grounds for Annulment of Marriage]
- 2. The petition could no longer be filed after the concerned party reaches 21 and freely cohabited with the other, and both lived together as husband and wife. The marriage is considered ratified if no petition is timely filed. [See Prescription of Actions]
PARENTAL CONSENT IF CHILD BELOW 18
The marriage of a person below 18 years of age, even with the consent of the parents, are void ab initio (void from the very beginning). Capacity to marry of both parties is an essential requisite of marriage, the absence of which renders the marriage null and void. [See Grounds for Declaration of Nullity]
PARENTAL CONSENT: EFFECT OF ABSENCE
The validity of the marriage is not affected. If the parties do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three (3) months following the completion of the publication of the application. If the marriage license is issued before the lapse of this period, then the responsible parties shall be civilly, criminally and administratively liable.
PARENTAL CONSENT: HOW GIVEN
The applicants shall exhibit to the local civil registrar, during the application for a marriage license, the consent to their marriage by their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. The consent may be: (1) manifested in writing by the interested party, who personally appears before the proper local civil registrar; or (2) in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths.
PARENTAL ADVICE AND MARRIAGE LICENSE
A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement.
Parental advice or consent is required in the issuance of a marriage license. The local registrar may choose not to issue a marriage license for lack of parental consent. A marriage solemnized without a valid marriage license is void from the beginning (unless it falls under the exceptions). It doesn’t matter if the parents gave their consent. [See Marriages Exempt from Marriage License Requirement]
If you can’t find the answers here, please refer to Part I, Part II, Part III or other related posts. You can check the Related Posts at the bottom of each post. You can also use the Search function (also in the right sidebar).
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