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.