Wednesday, December 9, 2009

Applying for a Marriage License

Marriage license is different from marriage certificate. The former is a license to marry, while the latter is proof of the marriage. You get a marriage license first before you can enter into a contract of marriage, evidenced by the marriage certificate.

The Family Code of the Philippines cite instances where a marriage license is required:

Art. 9. A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title.

Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar...

Art. 12. (Other requirements:) original birth certificates or... baptismal certificates... or (joint affidavits)...

Art. 13. ...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... (or) an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse.


Art. 14. In case either or both of the contracting parties... between the ages of eighteen and twenty-one (18-21 years old), they shall... exhibit... the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned.


Art. 15. Any contracting party between the age of twenty-one and twenty-five (21-25 years old) shall be obliged to ask their parents or guardian for advice upon the intended marriage... (If not), the marriage license shall not be issued till after three months following the completion of the publication of the application therefor...


Art. 20. The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue...

Art. 21. When either or both of the contracting parties are citizens of a foreign country... to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials... Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances...


Marriages Exempted from License Requirement

Art. 27. ...at the point of death (articulo mortis)...

Art. 28. ...residence of either party... no means of transportation...

Art. 31. A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot...

Art. 32. A military commander of a unit, who is a commissioned officer, shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of the armed forces or civilians.

Art. 33. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices.


Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other...

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