Applying for marriage license without parental advice
"What will happen to our application for marriage license if my girlfriend won’t be able to obtain the advice of her parents as required by the local civil registrar? Her parents are against our marriage. My girlfriend is already 23 years old and I am 26 years old. We have decided to continue with the wedding. Will the local civil registrar deny our application because of my girlfriend’s failure to secure her parents’ advice? Charles
Dear Charles,Parental advice is required upon application for marriage license, if one or both of the contracting parties are between the age of twenty one (21) and twenty five (25) years old. In the event that this requirement is not complied with for one reason or another, the issuance of marriage license is suspended for three (3) months. This is according to Article 15 of the Family Code of the Philippines, which provides:
“Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. 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.”In your situation, since your girlfriend cannot obtain a favorable parental advice as her parents are against her marriage to you, all she has to do is to execute an affidavit stating therein this fact and attach the said affidavit to your application for marriage license.
After three months following the publication of your application for marriage license, the same shall be issued. A marriage license is valid within the Philippines for 120 days from date of issuance (Article 20, Family Code of the Philippines).Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to guide you with our opinion on the matter."
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"Applying for marriage license without parental advice"
was written by Mary
under the Legal Advice
category. It has been read 61
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comments. The article was created on 14 September 2021
and updated on 14 September 2021