The law requires different things depending on the age of a person marrying. A person below 18 cannot validly marry at all — such a marriage is void. A person aged 18 to below 21 needs parental consent; without it, the marriage is valid but voidable (annullable on that ground within the period allowed). A person aged 21 to below 25 needs to seek parental advice; if the advice is unfavorable or not obtained, the marriage is still valid, but the issuance of the marriage license is delayed for a set period. From 25 up, neither is required. So parental consent affects validity (voidable if absent), while parental advice affects only the timing of the license.
Young couples are often confused about whether they need their parents' approval to marry. The answer depends on age, and the two requirements — consent and advice — have very different effects.
Below 18: No Valid Marriage
A person below 18 years old cannot validly marry at all. Such a marriage is void from the start, regardless of parental approval. (Separate legislation also strengthens protection against child marriage.)
18 to Below 21: Parental Consent
A person aged 18 but below 21 needs parental consent to marry — the consent of the father, mother, or guardian. The effect of lacking consent is significant:
- The marriage is valid but voidable — it can be annulled on the ground of lack of parental consent; and
- The action to annul must be brought within the period the law allows (generally by the party or parent within a set time, and it can be barred by free cohabitation after reaching 21).
21 to Below 25: Parental Advice
A person aged 21 but below 25 must seek parental advice. This is weaker than consent:
- If the parents' advice is unfavorable, or none is obtained, the marriage is still valid; but
- The issuance of the marriage license is delayed for a prescribed period after the required notice.
So parental advice affects only timing, not validity.
25 and Above: Neither Required
From 25 years old and up, neither parental consent nor parental advice is required — the parties may marry freely (subject to the other marriage requirements).
Consent vs. Advice: the Core Difference
- Parental consent (18–below 21) → affects validity; absence makes the marriage voidable; and
- Parental advice (21–below 25) → affects only the timing of the license; the marriage remains valid.
Practical Takeaways
- Below 18: marriage is void;
- 18 to below 21: needs parental consent — lacking it makes the marriage voidable;
- 21 to below 25: needs parental advice — lacking it only delays the license; from 25 up, neither is required.
Frequently Asked Questions
Do I need my parents' permission to marry? It depends on age. Below 18 cannot marry at all. From 18 to below 21 you need parental consent. From 21 to below 25 you need to seek parental advice. From 25 up, neither is required.
What happens if there is no parental consent (age 18 to below 21)? The marriage is valid but voidable. It can be annulled on the ground of lack of parental consent within the period the law allows, though it may be barred by free cohabitation after turning 21.
What happens if there is no parental advice (age 21 to below 25)? The marriage is still valid, but the issuance of the marriage license is delayed for a prescribed period after the required notice. Parental advice affects timing, not validity.
What is the difference between parental consent and parental advice? Parental consent (18 to below 21) affects validity, so its absence makes the marriage voidable. Parental advice (21 to below 25) affects only the timing of the license, and the marriage remains valid.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.