Parental Consent vs Parental Advice in Marriage

One of the essential requisites is legal capacity of both the man and the woman. Another requisite is consent freely given. Legal capacity relates to the age of minority, which is the age of 18. Persons below 18 are called “minors,” who are not legally allowed to give their consent even in ordinary contracts. Let’s have a discussion on the effect of age when it comes to marriage, to cover this query in a previous post:

Hello ATY. I’d like to ask po about the parental consent. I’m 20 na po kasi at 18 po yung gf ko po. Yung sa side po ng gf ko ok naman po pero yung problem po ay yung sa side ko. Can I forged the signature po ba ng father ko sa parental consent po? Oh kailangan po na sa city hall sila pipirma? Please help po salamat.

There are three age brackets to consider: (a) below 18; (b)  between 18 and 21; and (c) between 21 and 25. Here we’ll take up the differences between parental consent and parental advice.

a. Below 18. If one or both parties is/are below 18 years of age, the marriage is void from the beginning. It remains void even if both parents give their consent, and even if the parties live together as husband and wife for the rest of their lives.

b. Between 18 and 21. If one or both parties is/are between 18 and 21, they should secure the parental consent of the party who is below 18 and 21. If consent is not secured, the marriage is not void from the beginning because the man and the woman are no longer minors. The marriage, however, is voidable — it is valid until questioned by the right party. Only the following individuals could seek the annulment of marriage based on the absence of parental consent: (1) The spouse whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty one; OR (2) The parent or guardian or person having legal charge of the minor, at any time before his/her child reaches the age of twenty one. So, you see, the marriage remains valid if it’s not assailed before the party 21 years of age. It’s a waiting game.

c. Between 21 and 25. If one or both parties is/are between 21 and 25, the parental advice of the parents of the person below 25 must be secured. What’s the effect of the lack of parental advice on the validity of the marriage? None. The absence of parental advice has no effect on the validity of marriage. The only effect of the absence of parental advice (or the refusal to give parental advice) is a 3-month delay in the issuance of the marriage license.

9 comments

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  2. Hi Atty. I’m already 21 and I have a bf. I really want to be with him but my entire family doesn’t approve of him, well, because he has 2 kids but he’s not married. Is there a way where we can obtain a marriage license without the parental consent? I highly appreciate your response.

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  3. Good am atty, I am 27 and my bf is 21, can we get married even without the parents’ advice/
    ? where can we get married?

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  4. Hello just want to ask po kasi nandito po kasi kmi ng boyfriend ko sa Saudi. I’m 24 years old po and my bf po is 28 years old.. nakabgay na po sya requirements sa philippine embassy dito sa riyadh pero d p po sya makapagpasched.ng wedding kasi po wala daw po akong parental advice.wala na ho kayang ibang way para mkapapakasal,po kmi,dito?

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  5. humingi ang parents ko na ikasal po kami ng partner ko kasi po that time i was pregnant 3 months at nakunan po ako,and this year may 22,2015 ang parents po ng partner ko is pumunta po sila sa bahay para e bless po nila kami para sa kasal namin,so nag usap po ung both family namin na sa next year na po ung wedding january 2016 kasi po ang brother ng partner ko is ikakasal po dis year then pumayag po ung parents ko sa gusto ng parents ng magulang ng partner ko,then ang sabi nung family ng partner ko babalik po sila august or september 2015 ,but until now hindi pa po sila pumupunta dito sa bahay namin para pag usapan po ung mga ditalye ng wedding po namin,ng usap po kami ng partner ko kung paanu po ung gagawin kasi po nakiusap po ung partner ko sa magulang niya na umuwi po ,pero ilang beses na po kaming dalawa ng partner ko nakiusap ,nagmamakaawa ayaw pa rin po nila kausapin ang parents ko kahit thur phone call lang atty.so what we do?

    My question atty.maikakasal pa po ba kami kahit wala ung parents nia?

    thank you so much and godbless us.

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  6. good day attry,i am 22 years old and my partner is 23
    this is the story.
    humingi ang parents ko na ikasal po kami ng partner ko kasi po that time i was pregnant 3 months at nakunan po ako,and this year may 22,2015 ang parents po ng partner ko is pumunta po sila sa bahay para e bless po nila kami para sa kasal namin,so nag usap po ung both family namin na sa next year na po ung wedding january 2016 kasi po ang brother ng partner ko is ikakasal po dis year then pumayag po ung parents ko sa gusto ng parents ng magulang ng partner ko,then ang sabi nung family ng partner ko babalik po sila august or september 2015 ,but until now hindi pa po sila pumupunta dito sa bahay namin para pag usapan po ung mga ditalye ng wedding po namin,ng usap po kami ng partner ko kung paanu po ung gagawin kasi po nakiusap po ung partner ko sa magulang niya na umuwi po ,pero ilang beses na po kaming dalawa ng partner ko nakiusap ,nagmamakaawa ayaw pa rin po nila kausapin ang parents ko kahit thur phone call lang atty.so what we do?

    My question is matutuloy po ba kasal namin dis january 2016 kahit wala pong parents ung partner ko?thank you so much and goodbless

    p.s pasinsia po atty kung napailan po ang post na hindi kompleto ang detalye.

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  7. Hello Atty,,HM question is..I and my future wife are ages between 21-25 in my side i had no problem because i am already 24 then my parents is here in PHIL. But for my future wife she is 22 then shes mother is in France but she live with her grandmother which is her guardian now. Shes mother already given a letter stating that she is allowing her daughter to be married, but the local civil registrar refusing the letter, because they said her mother will go to Philippine Embassy in France to have this PARENTAL ADVICE then email it here in PHIL. WHAT IS THE RIGHT THING TO DO WITH THIS MATTER ?,,
    THANK YOU SO MUCH

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