Jonestime

Requisites of Marriage

In the Philippines, getting married involves fulfilling a few requirements to make sure everything is legal and official.

• The contracting parties must be a male and a female.
• When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.
• Must obtain and possess a valid marriage license.
• The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue.
• A marriage will take place with appearance of the contracting parties before the solemnizing officer.
• The couple must personally declare that they take each other as husband and wife.
• There must be at least two (2) witnesses present of legal age.
• Any male or female of the age of eighteen years or upwards may contract marriage.
• A person who is at least 18 years old but below 21 years old must secure the concent of his/her parents.
• A person who is at least 21 years old but below 26 years old has to secure counseling of his/her parents.
• No prescribed form or religious rite for the solemnization of the marriage is required.
• Marriage may be solemnized by any priest, rabbi, imam, or minister of any church or religious sect and registered with the civil & registrar general.
• A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides.

Required Documents for Marriage

Here are the required documents for marriage. While most are the same through out the country, some municipalities may not require some of these or may have other needed requirements. It is advisable to check with the church officials or local registrar for the exact documents needed in your area.

A Philippine Citizen

• Birth certificate issued by the Philippines Statistics Authority (PSA).
• Certificate of No Marriage (CENOMAR) issued by the Philippines Statistics Authority (PSA).
• Community Tax Certificate or Cedula (Proof of resident status in a specific city or town).
• Barangay Certificate (Proof of resident status in a specific barangay).
• Judicial Decree of Annulment (if applicable).

A Foreign Citizen

• Birth certificate issued from home country. (Apostilled and translated in English if needed).
• Certificate of Legal Capacity to Contract Marriage. (Americans can use a local notary for "Legal Capacity to Contract Marriage" affidavits).
• Copies of Divorce Papers for "Legal Capacity to Contract Marriage" (if applicable).
• Photocopy of valid passport (indicating the date of arrival).

Common Documents

• Previous Spouse's Death Certificate (if applicable).
• Valid ID (Both will require a legal form of identification.)
• Updated Photos (Each person must submit two current passport-sized photos with white background (1-inch x 1-inch)
• Pre-Marriage Counseling Certificate.
• Marriage License Application (A Philippine marriage license is valid for 120 days).

Special Documents (if Applicable):

• Municipal Form No. 92 (Consent of Marriage of a Person Under Age).
• Municipal Form No. 7 (Sworn Statement that Advice of Parents or Guardian has been asked).
• Municipal Form No. 8 (Advice upon Intended Marriage).
• Certificate of Family Planning.
• Certificate of Marriage Counseling.

Procedures for Marriage

This process varies from location to location, but here is the general path forward based. we will assume you are a citizen of a foreign country. There are two processes of marriage readily available in the Philippines. These are a "Church Wedding" and a "Civil Wedding". They take slightly different processes. So lets go through these by steps for each process.

Pre Wedding Processes

• Obtain a packet or folder to secure all the documents needed for this process.
• Contact your local embassy and set an appointment to procure your "Legal Capacity to Contract Marriage" or for Americans, see an attorney/notary and procure a Legal Capacity to Contract Marriage" affidavit. Be sure to take any past divorce decrees from the courts and If you are widowed, a copy of the death certificate).

Applying at the Civil Registrar's Office

• Obtain location and time for a Pre-Marriage counseling session and attend (return to registrar's office).
• Submit your completed application for the marriage license along with all required documents.
• Pay for the license fees
• Submit any Parental Consent or Advice documents if needed (see below).

Parental Consent or Advice

• If the Filipino partner is aged 18-21, parental consent is required. Parents need to make an appearance or create an "Affidavit of Consent" that is signed by two witnesses of adult age.
• If the Filipino partner is aged 22-25, parents need to appear at the local registrar or make a sworn statement stating that you informed them, but they refused.

Waiting

• Wait for 10 days to get your marriage license and retrieve it from the local registrar's office.
• This is your required waiting period.
• Your marriage intent will be publicly posted to check if anyone one will protest your marriage.
• A marriage license will be valid for 120 days from the issue date and can be used anywhere in the Philippines.

Your Marriage Ceremony

            I am sure by now you have chosen whether to have a Civil Wedding or a Religious Wedding ceremony. Normally, civil marriages are faster and easier to process. A marriage license, two witnesses of legal age and a solemnizing officer are all that is needed. For Church weddings, you may be asked to submit additional requirements like Baptismal and Confirmation Certificates, Pre-Cana Seminar, Marriage Banns (usually for 3 Sundays), and possibly more.

Solemnization

As per the Family Code, any of the following can solemnize a marriage in the Philippines:

• A Judge
• A Mayor
• A Priest
• A Rabbi
• An Imam
• A Minister
• A Ship Captain
• A Military Commander of a unit to which a chaplain is assigned.
• Any incumbent member of the judiciary within the court's jurisdiction.
• An Airplane Chief (only in the case mentioned in Article 31 of the Family Code).
• Any Consul-General, Consul or Vice-Consul in the case provided in Article 10 of the Family Code.
• Any ministering member of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect.

Prepare for the Marriage Ceremony

• Book a place where you want to get married (e.g., a Mayor's Office, Church, Temple, or Open Court).
• In the presence of the solemnizing officer and at least 2 witnesses of legal age, say your "I DOs".
• Sign the Marriage Contract.

Post Marriage Ceremony

• Obtain a few copies of the Marriage Contract from the Philippines Statistics Authority (PSA) for your records.
• As the days go by, hold onto the burning love that ignited your journey.