Article 5 of the Family Code: Minimum age to marry
Status: In force
What does Article 5 say?
Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage.
What does it mean in plain language?
The legal age to marry in the Philippines is 18. Article 5 of the Family Code says any male or female aged eighteen or older may marry, if none of the impediments in Articles 37 and 38 applies. A marriage of anyone below 18 is void from the start, even if the parents agree.
Article 5 is about legal capacity, one of the essential requisites of marriage in Article 2.
How does it work in real life?
Grace and Rob: a wedding at 16
Grace is 16. Her parents arrange for her to marry Rob, who is 23, in a small ceremony. The marriage is void from the start (Article 35(1); RA 11596). The parents who arranged it and the person who officiated can face criminal charges under RA 11596. This is a made-up example.
Kim and Leo: both 19
Kim and Leo are both 19. They may marry (Article 5), but each must show the written consent of a parent or guardian (Article 14) and a marriage counseling certificate (Article 16). This is a made-up example.
Tess and Mon: 23 and 30
Tess is 23 and Mon is 30. Tess does not need her parents' consent, but she must ask for their advice (Article 15). She also needs a marriage counseling certificate (Article 16). If her parents refuse to give advice, she states this in a sworn statement, and the license is issued only after the three-month wait. This is a made-up example.
These examples only show how the rule works. They are not advice for a real case.
What does this mean in practice?
- The civil registrar checks age from the birth or baptismal certificate presented with the license application (Article 12). See the guide to the PSA birth certificate.
- A couple below 18 cannot get around the rule with a church or customary ceremony. RA 11596 defines child marriage to cover civil and church weddings and marriages done in a recognized traditional, cultural or customary way. It also covers informal unions where an adult lives with a child, or two children live together, outside marriage.
- For the full list of license papers, see marriage license requirements.
Can someone below 18 marry with parental consent?
No. Parental consent does not lower the minimum age. Article 35(1) is clear:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
Republic Act No. 11596 (2021) also prohibits child marriage. It says a child marriage is void from the start, and that the action or defense to declare it void does not prescribe. It also makes it a crime to cause, arrange or facilitate a child marriage, to officiate one, or for an adult to live with a child as partners outside marriage. Any concerned person can start a complaint, because the law calls these "public crimes". The penalties are explained in child marriage ban (RA 11596).
What are the impediments in Articles 37 and 38?
Even at 18 or older, a person cannot marry a close relative. Article 37 covers ascendants and descendants (for example, parent and child) and brothers and sisters, full or half blood. Article 38 lists nine more cases, such as blood relatives up to the fourth civil degree (first cousins are four degrees apart under Article 966 of the Civil Code), step-parents and step-children, and parents-in-law and children-in-law. These marriages are void.
What changes at 18, 21 and 25?
Being 18 is enough to marry, but the Family Code adds steps for young adults:
- 18 to 21: written parental consent is needed (Article 14). Republic Act No. 6809 kept this rule when it lowered the age of majority, through the amended Article 236. Without consent, the marriage is voidable (Article 45(1)).
- 21 to 25: the party must ask the parents or guardian for advice (Article 15). If no advice is obtained, or it is unfavorable, the license is issued only after three months following the completion of the publication.
- When consent or advice is needed: a certificate of marriage counseling must be attached. Without it, the license is suspended for three months from the completion of the publication (Article 16).
The age of majority itself is 18 since Republic Act No. 6809 (Article 234).
Frequently asked questions
What is the legal age to marry in the Philippines?
- Article 5 of the Family Code says any male or female aged eighteen or older may marry, as long as none of the impediments in Articles 37 and 38 applies.
Can a 17-year-old marry with the parents' consent?
No. Article 35(1) says a marriage of any party below eighteen is void from the beginning, even with the consent of parents or guardians. Republic Act No. 11596 also makes child marriage void and punishes those who arrange or officiate it.
Do I need my parents' consent to marry at 19 or 20?
Yes. A party between 18 and 21 must show the written consent of the father, mother, surviving parent or guardian, in that order (Article 14). Republic Act No. 6809 kept this rule even after it lowered the age of majority to 18.
What about ages 21 to 25?
No consent is needed, but the party must ask the parents or guardian for advice. If no advice is obtained, or it is unfavorable, the license is issued only after three months following the completion of the publication (Article 15).
Is a marriage at 17 still void if the couple waits until 18 to live together?
A marriage contracted below 18 is void from the beginning (Article 35(1)), and Republic Act No. 11596 says the action or defense to declare a child marriage void does not prescribe. Living together later does not make it valid: the Supreme Court has said a void marriage "can never be ratified" (Niñal v. Bayadog, 2000).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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