18 and over but below 21 with no parental consent, A45(1) Family Code

1. Concept

Voidable marriages – are valid marriages until declared annulled or voided.

2. 18 and over but below 21 years old

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; x x x

A marriage can be annulled if one of the spouses was between 18 and 20 years old at the time of the wedding and entered into the marriage without getting the required consent from… [the] following [in] that exact order [, their]:

(a) parents,

(b) legal guardian, or

(c) the person with substitute parental authority. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 12 April 2025])

a) Exception: Ratification by 21 years old

However, if that same person continued to live with their spouse as husband and wife after turning 21, the right to annul the marriage no longer applies. In other words, once the person reaches [21 years old] and chooses to remain in the marital relationship, [the voidable marriage is deemed ratified]. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)