When is the Consent of the Parents Necessary in Marriage?

What is marriage?

Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.

What is a contract?

A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.

Although as stated in the definition of a contract, it requires only the meeting of the minds of two persons to bind themselves.  However, in the case of marriage, there are instances wherein the consent of the parents are required to have, otherwise, the marriage may be annulled.

When is the consent of the parents be necessary in marriage?

When one of the contracting party or both parties are above 18 years old but below 21 years old, the consent of the parents is necessary.

When is the parental advice be needed in marriage?

Any contracting party between the age if 21 and 25 years if age shall be obliged to ask their parents or guardian for advice upon the intended marriage.

Who may give the consent or advice to the contracting party?

Parents, Guardian, or Person having substitute parental authority over the party in the said order.

What is the effect if the consent of the parents was not obtained?

The marriage may be annulled, unless after attaining the age of 21 such party freely cohabited with the other and both lived together as husband and wife.

What is the effect if the parental advice was not obtained?

If the advice was not obtained, if it unfavorable to the party, the marriage license shall not be issued till after 3 months following the completion of the publication of the application therefor.

Sources:  The Civil Code of the Philippines and The Family Code of the Philippines