Lack of parental consent or parental advice: Effect on validity of marriage

I was 20 years old when I got married, but my parents didn’t know that I was married. Is my marriage valid? A number of discussions, through the comments in various posts, center on the validity of marriage without the knowledge or consent of parents. Let’s have a general discussion on this one.

Can I use “parental consent” and “parental advice” interchangeably? What are the differences?

No, “parental consent” and “parental advice” CANNOT be used interchangeably. 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). The “parental consent” or “parental advice”, as the case may be, is required during the application for a marriage license. Similarities and other differences are discussed below.

What happens if parental consent is required, but not secured or given?

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.
  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.

Could the parents give their consent to the marriage of their child who is below 18 years old?

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.

What happens if parental advice is required, but not secured or given?

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.

How is the parental consent 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.

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.

The local registrar didn’t issue a marriage license for lack of parental consent, but we found someone who could marry us without a license. Our parents later learned of the marriage and gave their consent. Is our marriage valid?

No. 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.

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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).

21 Responses to “Lack of parental consent or parental advice: Effect on validity of marriage”


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  1. 15 jedai0620 Jul 13th, 2011 at 5:20 am

    Good Day Atty.

    Ask ko lang po kung pede mapawalan ng bisa ang marriage namin ng ex wife ko.. we gor married yr 2008 because I have to leave the country that time. and because we were only 20 then, kumausap kami ng fake parents para magsign ng contract at humarap sa city mayor. the signature there is different from the signature of our real parents.
    tanong ko lang po sana kung is there a way para mapawalang bisa namin yung marriage contract na yun for us to live separately na… napagusapan na namin ang bout dito and we both want this.

    thanks..

  2. 14 shei Jun 15th, 2011 at 12:36 pm

    Dear Atty,

    I would like to know it the following reasons are grounds for annullment or considered the marriage null and void?

    1. No parental consent or advise for the marriage. The parents didnt know that they are getting married.
    2. The contracting parties signed the marriage certificate without the presence of the solemnizing officer and vise versa.
    3. No marriage ceremony happened at the date, time and place indicated in the certificate.
    4. The spouse (man) falsified the signature of their parents.
    5. They are relative, on the 5th degree.

    Thank you very much

  3. 13 mild18 May 17th, 2011 at 8:39 am

    hi!

    i got married last Sept 2001, but i can’t remember having a marriage license, we just went to the Civil Registry Office and the City Registrar solemnized our wedding, after almost 3 weeks we got the copy of our marriage contract, how will i know if there was a marriage license? is the City Registrar authorized to conduct or solemnized wedding inside the Civil Registry Office?

    thanks!

  4. 12 chai Mar 28th, 2011 at 1:55 pm

    Good day atty!
    I was married 2005, somebody acquired a marriage license for us (my husband & I) in our city hall. Our mayor that time officiate our ceremony & the witnesses signed in our marriage contract was our friends & they are persons other those who were supposed to be our “ninong” & “ninang” written in our marriage certificate/contract. I would like to ask if our marriage was valid?

  5. 11 neo07ph Jan 24th, 2011 at 7:50 am

    is my parents consent valid when i was 21, i forged the signature of my mother for the parents consent?and at that time when i got married my parents and my wife’s parents didn’t know that we got married is our marriage valid?is it a ground so i can file for nullity of marriage or annulment?

  6. 10 aled Aug 4th, 2010 at 7:10 am

    i was married when i’m 23. my husband is also 23 that time.we were asked to provide a parent’s consent.he has made his father signed but forged the signature of my mother. we separated after 6months. and can a person be considered psychologically incapacitated when he is of aged 25 yet he is not thinking responsibility only computer games? at age of 25, he is acting as if 12 year old boy. can these be grounds for an annulment?

  7. 9 hopeless_me Jul 6th, 2010 at 2:57 pm

    i’m able to get a copy of our marriage certificate so i believe that it was registered even if i have no parental consent that time.

  8. 8 hopeless_me Jul 6th, 2010 at 2:55 pm

    i got married when i’m 18yo. i have no parental consent back then. im now 23yo and would want to have an annulment. me and my husband are now not living together for 2 yrs now. can lack of parental consent be a ground for an annulment?

  9. 7 hanasaionji Jul 3rd, 2010 at 4:23 pm

    I have a friend who married a 32 year old guy. She is only 18 years old. Is their marriage valid? There was no parent consent in her part. How can she make the marriage null and void? Thanks soo much! :)

  10. 6 precy May 26th, 2010 at 1:28 am

    hi atty.
    Good day I was married last Aug.22 2008 by civil wedding,and it was done by 12noon by 2pm he was going home as we agred to separate after he signed the marraige contract,i get pregnant and i force him to marry me.but he was 24 that time and i was 25 he did not secured a parent consent and im the one who provide a parent consent for him i use other person as his guardian and the LCR accept it,until now we have no comunication..plz help me can i use as a grounds for annulment ,the absence of parent consent.?his parents has no knowledge that we got married…tnx a lot..

  11. 5 jesusa adena salita Jan 17th, 2010 at 8:02 am

    I got married at 18 and my husband is 17 years old when we got married.Right now we are separated for 8 years. Do I need to file an annulment even Im leaving here abroad? Right now theres someone asking me to marry. Do i have a right to marry again?

  12. 4 bolshoi Nov 14th, 2009 at 11:20 am

    In June 1986, in our province, I was already 5 months pregnant, I was 14 1/2yo then, my mother signed a consent for me to be married because I was pregnant (the guy was 18yo then). My mother (who is already separated from my father) who signed the consent died a year after. Since, I was the eldest, after I gave birth, I left the kid with her grandparents and continued studies through scholarship and find work to support my brothers and sister. Eversince, I am using “single” (the same as the guy)as my marital status. Now, my father came back to us and want to help us to go abroad, I found out after 23 yrs that in my cenomar, that the marriage was registered. What shall I do? Can you please help me? My father wants to do something about it but also don’t know how. Thank you.

  13. 3 aquamarine22 Aug 17th, 2009 at 12:18 pm

    I was only 19 when i got married , my husband is a foreigner and we dont get along together.He abandoned me for almost 1 year now infact when he get back in the U.S he sent me an email saying we are done and stuff like that.My question is does the email he sent me is big enough to file for an annulment? Could i possibly ask the court for a “presumptive death of spouse” (absent of spouse)??? I am really stuck in my marriage life and i want to have freedom and be free,please help me:(

  1. 2 Annulment in the Philippines: Questions and Answers (Part 4) at Philippine e-Legal Forum Pingback on Aug 17th, 2009 at 3:07 am
  2. 1 Annulment in the Philippines: Questions and Answers (Part 3) at Philippine e-Legal Forum Pingback on Aug 17th, 2009 at 1:31 am

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