Requisites of Marriage in the Philippines

 

By Matt, on May 25th, 2008

(1) Legal capacity of the constricting parties who must be a male and a female, 18 years old and above without any impediment to get married (ones considered by law and society incest really)

(2) Sanction freely given in the presence of the solemnizing officer.

(3) Authority of the solemnizing
(4) A valid marriage license

(5) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.
Any absence of these requisites shall render the marriage void or not valid from the very beginning.

The Local Civil Registrar Requires the following for the issuance of the marriage license:

1. Original Birth Certificates (both). Photocopies are to be submitted, same should be accordingly authenticated by the custodian of the original (in the Philippines this is the National Statistics Office)
2. CENOMAR (for both) A Certificate of No Marriage Record(CENOMAR) is simply what its name implies. It is a certification issued by the National Statistics Office (NSO) stating that a person has not contracted marriage. It is only essential if you want to be certain that the civil status of the person you are marrying is still single and that he or she is unattached.
You can now avail of a CENOMAR through the internet. The e-Census (www.e-census.com.ph) is an online facility that allows you to submit requests for Certificates of No Marriage.
3. Barangay Clearance (for the Filipina) issued by the Local Barangay Captain..

4. If either of them we’re previously married, instead of the birth or baptismal certificate, either of the following shall be required:

– the death certificate of the deceased spouse or
– the judicial decree of the absolute divorce, or
– the judicial decree of annulment or declaration of nullity of his or her previous marriage

5. a.) Parties who are 18 – 21 years old, they need the consent of their father, mother, surviving parent or guardian, or persons having legal charge of them.

b.)Parties 21 -25 years old are 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 therefore.

c.) In marriages falling under A and B, the parties shall, in addition to the requirements of the preceding requirements, attach a marriage counseling certificate issued by a priest, imam or minister authorized to solemnize marriage or a marriage counselor duly accredited by the proper government agency. Failure to secure which shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application.

6. There is also a requirement of attending a Family Planning Seminar. The certificate issued from which is also presented to the LCR for the issuance of the marriage license.

7. For foreign nationals, it is necessary to submit a certificate of legal capacity to contract marriage obtained from their own government, or consular office. It is always advisable to have your passports and IDs and authenticated copies thereof handy at all times.

8. Payment of required fee

If aforementioned requirements are complied, the application for marriage license will be published by the Local Civil Registrar for 10 consecutive days on a bulletin board outside their office during which period the public may notify the LCR of any known impediment to the marriage. After the publication, the marriage license is issued and the couple can get married.
The marriage license shall be valid in any part of the Philippines for a period of 120 days from the date of issue, and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it. The expiry date shall be stamped in bold characters on the face of every license issued.
The requirements stated above are the basic requirements required by law when getting married in the Philippines. Those who will go through different church/religious weddings might be required to submit to additional requirements based on their respective religion.

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