Marriage Requirements for Husband and Wife in the Philippines

What are the legal requirements for marriage in the Philippines?

In the Philippines, marriage is governed by the Family Code, which outlines specific requirements that both the husband and wife must meet to ensure the validity of their marriage. These requirements include the following:

1. Legal Capacity to Marry: Both parties must be at least 18 years old and possess the legal capacity to marry. Individuals below 18 years old cannot marry under any circumstances, even with parental consent.

2. Consent of the Parties: The marriage must be entered into freely and voluntarily by both parties. Any marriage contracted under duress, threat, or without the full consent of either party can be declared null and void.

3. Parental Consent: For individuals aged 18 to 21, parental consent is required. This consent must be in writing and should be given by the father, mother, surviving parent, or guardian. If the parents or guardians refuse to give consent without justifiable reason, the court may intervene.

4. Parental Advice: For individuals aged 21 to 25, while parental consent is not required, the law mandates that they seek parental advice. A certificate of parental advice must be obtained and presented to the Local Civil Registrar. If parental advice is not obtained or if the advice is unfavorable, the marriage license will not be issued until after three months from the date of the publication of the marriage banns.

5. Marriage License: A marriage license is mandatory unless the marriage falls under the exceptions provided by law, such as marriages in articulo mortis (in the point of death), marriages among Muslims or members of indigenous cultural communities, and others provided by special laws. The marriage license is obtained from the local civil registrar of the city or municipality where either party resides.

6. Marriage Ceremony: The marriage must be solemnized by a person authorized by law to officiate marriages, such as a judge, a priest, or a minister of the gospel in accordance with the rites of the church or religious sect. The ceremony must take place with the personal appearance of both parties before the officiant and at least two witnesses of legal age.

7. No Existing Marital Bond: Both parties must be free from any previous marriage. If either party has been previously married, a judicial declaration of nullity, annulment, or the death of the former spouse must be proven.

8. Marriage Banns and Publicity: The publication of the marriage banns is required, which involves announcing the couple’s intent to marry in the respective parishes of the bride and groom for three consecutive weeks. This ensures that the public is informed and can raise any legal impediments if they exist.

Failure to comply with these requirements can lead to the nullity or annulment of the marriage under Philippine law. Therefore, it is crucial for individuals intending to marry in the Philippines to ensure that all legal prerequisites are met to establish a valid and binding marital union.