Legal Capacity to Marry, A5 Family Code

1. Concept

Art. 5. 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. (54a)

Impediments – refer to obstacles, prohibitions, or limitations.

2. Legal age

18 years of age is the minimum legal age to marry. However, parties should not be under ang legal impediments, e.g. Article 37 and 38.

3. Impediments

Impediments under Articles 37 and 38 result in a void marriage.

a. Article 37: Incestuous marriages

Article 37 outlines incestuous marriages and thus prohibited/void, e.g. between ascendants and descendants, as well as siblings whether full/half-blood. (See Article 37 for more details.)

Related: Incestuous Marriages, A37 Family Code

b. Article 38: Marriages against public policy

Article 38 enumerates marriages that are contrary to public policy and thus prohibited/void, e.g. collateral blood relatives up to the fourth civil degree whether legitimate or illegitimate, step-parents and step-children, parents-in-law and children-in-law, etc. (See Article 38 for more details.)

Related: Marriages against Public Policy, A38 Family Code