Article 35(1) of the Family Code provides for the nullity of the marriage if contracted by any party below 18 years of age, even with the consent of parents or guardians. [Refer also to Grounds for Declaration of Nullity of Marriage]
Reaching the age of majority relates to the legal capacity of the contracting parties, which is a essential requisite of marriage (FC, Art. 2). The absence of any of the essential or formal requisites shall render the marriage void ab initio (FC, Art. 4). Article 35(1) of the Family Code provides for the nullity of the marriage if contracted by any party below 18 years of age, even with the consent of parents or guardians.
It is crucial to note that the action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (FC, Art. 39)
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