Legal Requirements for an Article 34 Marriage in the Philippines

What are the legal requirements for an Article 34 marriage in the Philippines?

In the Philippines, an Article 34 marriage, also known as a marriage without a marriage license, is governed by the Family Code of the Philippines. This provision allows certain couples to marry without the need for a marriage license under specific conditions. Understanding these requirements is crucial for ensuring the legality of the marriage.

Legal Conditions for an Article 34 Marriage

1. Cohabitation Requirement: The couple must have lived together as husband and wife for at least five years. This cohabitation must be continuous, uninterrupted, and exclusive, meaning that neither party should have lived with another person in a similar capacity during this period.

2. No Legal Impediments: Both parties must be free to marry, meaning that there should be no existing legal impediments such as prior marriages (unless legally annulled or the former spouse is deceased), blood relations that are too close (incestuous marriages), or other restrictions defined by law.

3. Sworn Affidavit: The couple must execute a sworn affidavit stating that they have lived together for at least five years and are free to marry each other. This affidavit must be attested to by the couple and two other credible witnesses who are of legal age.

4. Age Requirement: Both parties must be of legal age. The legal age for marriage in the Philippines is 18. If either party is between 18 and 21 years old, parental consent is required. For those between 21 and 25 years old, parental advice must be sought.

5. Consent of Parties: Both parties must willingly consent to the marriage. Forced or coerced marriages are invalid and punishable by law.

Process of Contracting an Article 34 Marriage

1. Preparation of Documents: The couple must prepare the sworn affidavit and gather the necessary documents, including valid identification and proof of age. They should also ensure that the affidavit is signed by credible witnesses.

2. Submission to the Local Civil Registrar: The couple must submit the sworn affidavit and other required documents to the local civil registrar of the municipality where either party resides. The registrar will review the documents to ensure compliance with legal requirements.

3. Marriage Ceremony: Once the documents are in order, the couple can proceed with the marriage ceremony. This can be officiated by any authorized officiant such as a judge, mayor, or priest, depending on the couple’s preference.

4. Registration of Marriage: After the marriage ceremony, the marriage must be registered with the local civil registrar. The officiant is responsible for submitting the marriage contract for registration. Once registered, the couple can obtain a marriage certificate as proof of their union.

Important Considerations

• Documentation: It is crucial for the couple to maintain accurate and truthful documentation throughout the process to avoid any legal complications. False statements in the sworn affidavit can lead to criminal charges.

• Legal Advice: Seeking legal advice from a qualified attorney can help ensure that all legal requirements are met and that the marriage is valid. This is especially important if there are any doubts or complexities regarding the eligibility of the parties.

• Understanding Rights and Obligations: Both parties should be fully aware of their rights and obligations as married individuals under Philippine law. This includes matters related to property, inheritance, and family responsibilities.

An Article 34 marriage provides a simplified path for couples who have cohabited for an extended period to formalize their relationship. However, adherence to the legal requirements is essential to ensure the marriage's validity and recognition under Philippine law.