Dear Attorney,
I am about to marry a foreigner, and I want to know the requirements needed for me as the fiancée. Specifically, do I only need an NBI clearance, or are there other clearances or documents required?
Sincerely,
Concerned Bride-to-be
Insights
Under Philippine law, marrying a foreigner involves several important requirements, especially when it comes to ensuring legal capacity. As the fiancée of a foreign national, your personal documents will be scrutinized to prove your eligibility for marriage. Below are the critical documents you may need to secure:
NBI Clearance: This is required to ensure that there are no pending criminal cases or other disqualifications against you. It is an essential clearance for anyone planning to marry, particularly when your marriage involves a foreigner.
Certificate of No Marriage (CENOMAR): A vital document issued by the Philippine Statistics Authority (PSA), the CENOMAR certifies that you are not currently married. This is a crucial requirement before any marriage can take place, whether locally or internationally.
Birth Certificate: Your PSA-issued birth certificate is required to verify your identity and personal details for the marriage license application.
Affidavit of Parental Consent or Advice: If you are under 25 years of age, you will need either an affidavit of parental consent (if you are below 21) or parental advice (if between 21 to 25 years old), as mandated by Philippine law.
Marriage License: You will need to apply for a marriage license at the local civil registrar’s office, which requires documents like your birth certificate and CENOMAR. If you are residing abroad, additional requirements such as consular notarization may apply.
Additional Requirements for Foreign Nationals: If your fiancé is a foreigner, he must provide a legal capacity to contract marriage certificate from his country, affirming that he is legally eligible to marry. Other clearances, such as an embassy-issued affidavit, may also be required depending on the foreign national's home country.
Remember that these requirements may vary slightly depending on the locality where you intend to marry, so it’s always best to check with the local civil registrar to ensure compliance with specific local rules.
Being thorough with the documentation will help avoid delays and ensure a smooth process for your marriage.