Obtaining a Marriage License When One Partner is Abroad

Simplified Query: Is it possible to get a marriage license in the Philippines if one partner is abroad?

In the Philippines, obtaining a marriage license is a crucial step in the legal process of getting married. This document is issued by the local civil registrar of the municipality or city where either the bride or groom resides. The marriage license confirms that both parties meet the legal requirements to get married.

Requirements for Obtaining a Marriage License

To apply for a marriage license in the Philippines, both parties typically need to be present and submit the following documents:

1. Application Form: Completed and signed by both parties.
2. Birth Certificates: Certified true copies issued by the Philippine Statistics Authority (PSA) or the local civil registrar.
3. Certificate of No Marriage (CENOMAR): A document from the PSA proving that the applicant has not been previously married.
4. Valid IDs: Government-issued identification for both parties.
5. Community Tax Certificates (Cedula): Proof of residence.
6. Marriage Counseling Certificate: Proof of attendance in a pre-marriage counseling seminar.
7. Parental Consent: If either party is between 18 and 21 years old, written consent from their parents or guardians is required.
8. Parental Advice: If either party is between 21 and 25 years old, written advice from their parents or guardians is needed.

Obtaining a Marriage License with One Party Abroad

When one partner is abroad, the process becomes more complex but remains feasible. Here are the steps and additional requirements:

1. Affidavit of Absence: The partner who is abroad must execute an affidavit explaining their absence and granting the present partner the authority to file for the marriage license on their behalf. This affidavit must be notarized and authenticated by the Philippine Embassy or Consulate in the country where the partner resides.

2. Special Power of Attorney (SPA): The partner abroad should provide a Special Power of Attorney, authorizing a representative (usually the present partner) to process and obtain the marriage license. The SPA must also be notarized and authenticated by the Philippine Embassy or Consulate.

3. Authenticated Documents: The partner abroad needs to send authenticated copies of their birth certificate, Certificate of No Marriage (CENOMAR), and other required documents, such as their valid ID and passport.

4. Online or Virtual Attendance: For the marriage counseling seminar, some local civil registrar offices may allow virtual attendance for the partner abroad, depending on their policies.

5. Submission of Documents: The present partner or the authorized representative must submit all the required documents, including those authenticated by the Philippine Embassy or Consulate, to the local civil registrar.

Processing Time and Validity

The processing time for a marriage license is typically 10 days from the submission of all required documents. Once issued, the marriage license is valid for 120 days and can be used anywhere in the Philippines.

Conclusion

While obtaining a marriage license in the Philippines when one partner is abroad involves additional steps and requirements, it is certainly possible. The key is ensuring that all necessary documents are authenticated by the Philippine Embassy or Consulate and that the local civil registrar's office is informed and cooperative. By carefully following these procedures, couples can successfully navigate the legal requirements and proceed with their wedding plans.