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:
- It could be filed only on behalf of the party who is between 18 and 21 at the time of marriage.
- 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.
——————–
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).
Hello,
I am a US citizen, who married a filipino wife. She was 19yrs at time of marriage. During the process of getting a marriage license.. i recall the office wanting both her Father & Mothers consent. There seemed to be a problem, and my wifes mother seemed to take care of things.. then she signed the paper.. later we got the marriage license.
I learned that i believe they claimed the father has been gone and living someplace else in the Philippines, for a long time. That part is true. But i believe they claimed that they do not know how to contact him or find him. That part is very false.. they do know and have some contact with him. So, i am not sure, but i believe they falsly did our papers for our marriage.
Does this fact give an option for being nulidity?
The mother did sign and give her consent.. and from what i have learned after the marriage.. i believe the mother had somewhat pushed the daughter to marry me.. because she thought i was a rich foriegner. The wife had no intention of coming to the US as agreed, and just used me for what they could get.
So, im trying to figure out if this fact can be used for nulidity of the marriage from the beginning… or if i must look to the annulment process (wich we have several qualifications for), in order to be free to marry a good filipino lady in the future.
PS.. as i am not a filipino citizen.. am i allowed to file for either of these possibilities, or will i need to get the wife to file them, as she is the filipino citizen?
Pingback: I rape my "wife" when she's sleeping :( - Page 3
Dear Atty.,
I am pregnant when we got married at the age of 22, my husband’s side doesn’t want us to be married, so we decided to fraud their signature and their parents consent. Now, we are facing problems that sometimes goes to decision of separation. He is working abroad and I am working here in Philippines, My question are (1) Can we apply for annulment or nullity of marriage? (2) What about the custody of our son even if we don’t have yet the approval of my petition or if I haven’t file yet? (3) Is’t okay if I don’t give or show my son to his family during visits or whether they want my son to stay with them for a while?
(4) How about the support of my son?
Thank you.
good day! I am married for almost a year. I married without the permission of my parents. It’s a civil wedding. I was 20 years old that time. Now, I am close to 22. and had an affair with another man. My husband found out. I want a legal separation of my husband. Omission is one of the reason why i want a separation. what should i do?
good day atty!
I am married for almost a year. I married without the permission of my parents. It’s a civil wedding. I was 20 years old that time. Now, I am close to 22. and had an affair with another man. My husband found out. I want a legal separation of my husband. Omission is one of the reason why i want a separation. what should i do?
thank you
Pingback: Lack of parental consent or parental advice: Effect on validity of marriage at Philippine e-Legal Forum | Jurgensmarriage Blog
Hi atty. i got married at the age of 21. I was threatened only to marry her and my mother did not sign the consent for the marriage but my brother signs on her behalf. Is my marriage void?
Dear Atty.
my ex-husband and i got married when i was 25 & he is 24, we only asked someone from his family (not his father nor mother)specifically, aunt to sign the parental advice since he is only 24. sa huwes lang po kami kinasal. we got married kahit we know po na ayaw ng parents nya. kaya absent din po sila nung wedding namin.
after about 3yrs, we got separated pero hindi pa namin nafifile ang annulment.
ask ko lang po if VALID PO BA ANG KASAL NAMIN ESP. WALA PONG PARENTAL ADVICE? pwede po bang iyon ang grounds ng pagfile ng annulment? pano po kung VALID pa rin ang wedding, ano po ang dapat namin gawin?
IN ADDITION, MERON KAMING NAKUHANG MARRIAGE LICENSE KAHIT NA MAY PROBLEM SA PARENTAL ADVICE BECAUSE OTHER FAMILY MEMBER LANG ANG NAGSIGN. pwede ba namin gawing grounds na hindi mother or father nya ang nagsign ng parental advice? pero di ko maisip bakit kami naisyuhan ng marriage license kahit ganon ang nangyri, though, hindi naman kasi namin sinabi na tutol ang parents nya..
Good afternoon Atty.,
My fiance and I asked for our parental advice, however, they said that they will not sign the paper. Can we still acquire marriage license? And how can we acquire? Thank you
Good day Sir,
I have friends who are living together and planning to get married. Last year they applied for marriage license in Urdaneta City hall but the authorized personnel refused to issue a marriage license because the woman is just 21 year old and the authorized personnel said that they have to present parent’s consent because of her age and the personal added that parent’s consent is needed for those who are in the age span of 18-25.
This year, she turned 22 and they really want to be married as soon as possible. Are they still subjected under the requirement of presenting parent’s consent?
Does this law about the difference between “parent’s consent” and “parent’s advice” vary from place to place here in the Philippines or it should be implemented nationwide?
Thanks sir
I was 17yrs old when i got married to the 10yrs older than me..they change my age to 18yrs old with my parents consent to change my age and my marraige was not sucessful i became a battle wife….i was seperated for 17 years is it posible reason for annulment please help
good day i was married last august 27 2008 by solumning he was going home as we agred to seperate after the signed the marriage contract i force him to marry me but i was 21 years old sept i was 22 years old did not parent consent
my parents consent has no knowledge that we got married…
thanxs