What are the requirements for a couple to get married in the Philippines?
In the Philippines, marriage is governed by specific legal requirements that both the husband and wife must fulfill. These requirements are rooted in the Family Code of the Philippines, which establishes the procedures and qualifications necessary for a valid marriage.
Legal Age: Both parties must be at least 18 years old to marry. If either party is below 21 years old, parental consent is required. For those aged 21 to 25, parental advice is necessary, though the marriage can proceed without it if it is not obtained, provided a proper certification of such is presented.
Marriage License: A marriage license is essential for a valid marriage. The couple must apply for this license at the local civil registrar in the municipality where either of them resides. The license is issued after a ten-day waiting period, during which notices of the application are posted publicly.
Legal Capacity: The couple must have the legal capacity to marry. This means they must not be related by blood to a degree that is prohibited by law, such as siblings, parents, or first cousins. Additionally, both parties must be of sound mind and capable of giving free and full consent to the marriage.
No Impediment: The couple must ensure that there are no legal impediments to their marriage. This includes ensuring that neither party is currently married to another person, as bigamy is illegal in the Philippines.
Marriage Ceremony: The marriage must be solemnized by an authorized person, such as a priest, minister, judge, or any person authorized by law. The ceremony must be conducted in the presence of at least two witnesses of legal age.
Documents: The couple must present several documents, including their birth certificates, a certificate of no marriage (CENOMAR) from the Philippine Statistics Authority (PSA), and a pre-marriage counseling certificate, among others.
Special Cases: For foreigners marrying in the Philippines, additional requirements may apply, such as a Certificate of Legal Capacity to Marry from their embassy or consulate, which confirms that they are legally free to marry under their national laws.
Failure to comply with these requirements can result in the marriage being declared null and void. Therefore, it is essential for both parties to ensure that all legal prerequisites are met before proceeding with the marriage.