What are the legal requirements for marriage in the Philippines?
In the Philippines, marriage is a legally binding contract that requires both parties to meet certain legal prerequisites before they can be validly married. These requirements ensure that the marriage complies with Philippine law and is recognized by the state.
Legal Age for Marriage
Under Philippine law, the legal age to marry is 18 years old. However, individuals between the ages of 18 and 21 must obtain written parental consent to get married. Those between 21 and 25 years old need parental advice, although the absence of this advice does not invalidate the marriage. In such cases, the marriage license application is delayed for three months.Marriage License
A marriage license is required before a marriage can be officiated. This is obtained from the local civil registrar's office in the city or municipality where one of the parties resides. Both parties must submit the necessary documents, which typically include valid identification, birth certificates, and, in some cases, a Certificate of No Marriage Record (CENOMAR) to confirm that they are not previously married.Pre-Marriage Counseling and Seminars
Couples are generally required to attend pre-marriage counseling and family planning seminars. These sessions provide education on the rights and responsibilities of marriage, as well as information on family planning and child-rearing.No Legal Impediment to Marry
Both individuals must be free to marry. This means that neither party is already married to another person, as bigamy is prohibited under Philippine law. If one party has been previously married, the prior marriage must have been legally dissolved through annulment, divorce (if applicable), or the death of the previous spouse.Ceremony and Solemnizing Officer
The marriage must be officiated by an authorized solemnizing officer. This includes priests, ministers, rabbis, or other religious leaders registered with the civil registrar, or by a government official like a judge or mayor authorized to perform marriages. The ceremony must be conducted in the presence of at least two witnesses of legal age.Special Cases
In certain cases, like when one party is a foreign national, additional requirements such as a legal capacity to marry certificate from their embassy or consulate may be required. Foreigners marrying in the Philippines should also comply with their country’s marriage laws, ensuring that their marriage in the Philippines will be recognized abroad.
By fulfilling these requirements, a marriage can be validly contracted in the Philippines, granting the couple full recognition of their marital status under Philippine law.