“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]
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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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Is it okay to marry my fiancee without any approval of her parents and she’s only 22 years old right now? and I’m only 23 years old. Coz her parents and her whole family are against in our plan to have a wedding next year. I hope I can get your answer. Thank you so ,uch
Hello Atty.,
I want to file an annulment to my husband. We’ve been married for 9 months now. What am I going to do? I can’t live with him anymore. I think he has abnormality in he’s mind. Is there a chance to make our marriage invalid or void? Please help me Attorney 🙁
Rose
Atty. I’m 17 years old and can I marry a 51 years old foreigner with just my father consent?
i am 18 and my fiance and i already planned to get married. is it possible for us to get married without parental consent?
Good day! We need parental advice since we’re both 25 yrs old. We want to know how to make the document. Do we just create it in our own words and just have 2 witnesses sign it or do we need help from an attorney to put it in writing? Thank you so much! If anyone has sample, it would be great!
How is parental advice submitted during the application for 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.
—- in relation to the statement above, what if there isn’t any sworn statement submitted, does this void the marriage?
Dear Attorney,
I got married 3 months after my 18 birthday, the guy is already 21. We live together for only 1 month then he return to his mothers home. For less than 1 year we have an on and off communication before we completely loss contact. After 5 years, I found out that he already have a live-in partner and already have a child, but I’m not aware if they are married. After a year I met a man and we live together for 5 years now and have a child. Can I nullify my previous marriage and how much would it cost?
I don’t understand why everyone’s asking for legal advice here on the comments section, when
1. Philippine Laws on Marriage, Annulment, and Legal Separation are available online for you to read
2. lawyers charge for legal advice, and obviously won’t do it for free on the comments section of a blog
If these matters are important enough for you, get off the internet and hire a lawyer to ask questions from. It’d also help a great deal if you research more and read on marital laws by yourself, so some of your questions will already be addressed before you actually hire a lawyer.
Good Day!
I have a cousin who were married at the age of 14 years old? She was born 1967 and got married in 1982? Was their marriage legal? What will she do to make this marriage null and void? Her husband right now is having a child to another woman.
Please advise.
Thanks!
Hello atty,
I had i friend who was 21 and was forced to get married to a 21 year old girlfriend, ( the parent of who forced)
This boy has no parent consent. The purpose of marriage is the girl was attempting to commit suicide. When the boy’s parent informed by the girl, they were accepted for the sake of the baby. They marriage was micerable to the point that they don’t live together the boy lives the parents house and the girl lives just by the compound of boy’s resident, they don’t live like a married. Until they had a big fight. The girl sue the boy for accusing her as playgirl. Is there any case to file for the girl or parents for the no consent marriage that make his life miserable? They are 35 at present.