Article 15 of the Family Code: Parental advice at 21 to 25
Status: In force
What does Article 15 say?
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.
What does it mean in plain language?
Under Article 15 of the Family Code, a person between 21 and 25 who wants to marry must ask his or her parents or guardian for advice. The parents' advice does not decide whether the marriage happens. But if the advice is not obtained, or if it is unfavorable, the marriage license is released only three months after the publication of the application is completed.
How does it work in real life?
Joy: parents who disapprove
Joy is 23. She asks her parents for advice about marrying Mark, and they write that they are against it. Under Article 15, the local civil registrar releases the license only after three months following the completion of the publication. Joy and Mark may still marry after that.
Ken: parents who refuse to answer
Ken is 24. His parents refuse to give any advice. Ken and his fiancee state this fact in their sworn statement. Their license is also released only after the three months.
Liza: just turned 26
Liza is 26. Article 15 does not apply to her, so her parents' advice is not part of her application.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- The local civil registrar handles the license application; this site does not describe the office's own forms or fees.
- For the full list of documents, see marriage license requirements.
- For marriage below 18, see the child marriage ban under RA 11596.
- For PSA records, see the guide to the PSA CENOMAR.
What does Article 15 say?
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.
What is the difference between consent and advice?
| Age of the party | What the Family Code asks | Effect if missing |
|---|---|---|
| Below 18 | Marriage not allowed | Void, even with the parents' consent (Article 35(1)) |
| 18 to 20 | Parental consent (Article 14; Article 236) | The marriage is voidable (Article 45(1)) |
| 21 to 25 | Parental advice (Article 15) | The license is delayed three months |
| 26 and above | Nothing from the parents | No effect |
Consent is a yes or no. Advice is an opinion: the parties must ask for it, but they may marry even against it, after the waiting period.
What papers does Article 15 add to the application?
- A sworn statement by the contracting parties that the advice was sought.
- The written advice, if the parents or guardian gave one.
- If the parents or guardian refused to give any advice, the sworn statement says so.
Is marriage counseling also needed?
Yes. Article 16 says that in the cases where parental consent or parental advice is needed, the parties must also attach a certificate that they have undergone marriage counseling. The certificate is issued by a priest, imam or minister authorized to solemnize marriage, or by a marriage counselor duly accredited by the proper government agency. If only one party needs consent or advice, the other party must still be present at the counseling.
Without the certificate, the issuance of the license is suspended for three months from the completion of the publication. If the license is issued within that period anyway, the issuing officer faces administrative sanctions, but the validity of the marriage is not affected. Both three-month periods in Articles 15 and 16 are counted from the completion of the publication of the application.
Frequently asked questions
Do I need my parents' advice to marry at 23?
Article 15 of the Family Code says any contracting party between the age of twenty-one and twenty-five is obliged to ask their parents or guardian for advice upon the intended marriage. Advice is asked, not consent: under Article 15, unfavorable advice delays the license but does not block the marriage.
What happens if my parents give unfavorable advice?
The marriage license is not issued until three months after the publication of the application is completed. The same delay applies if the advice is not obtained.
What if my parents refuse to give any advice?
Article 15 says this fact is stated in the sworn statement attached to the application for the marriage license.
Is a marriage invalid if parental advice was not asked?
Article 15 does not say the marriage is invalid. Its effect is on the license: it is not issued until three months after the publication is completed.
Is marriage counseling also required at 21 to 25?
Yes. Article 16 says that when parental consent or parental advice is needed, a certificate of marriage counseling must be attached. Without it, the issuance of the license is suspended for three months from the completion of the publication.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?