If you are a U.S. citizen planning to marry in the Philippines, one of the first documents the Local Civil Registrar will ask about is proof that you are legally free to marry. For many foreigners, this is called a Certificate of Legal Capacity to Contract Marriage. For U.S. citizens, however, the usual document is an Affidavit in Lieu of Legal Capacity to Contract Marriage because the U.S. government generally does not issue a national certificate confirming a person’s single status. This article explains what the affidavit is, why Philippine civil registrars ask for it, how U.S. citizens usually prepare it, and what practical issues commonly delay marriage license applications in the Philippines.

What Is an Affidavit in Lieu of Legal Capacity to Contract Marriage?

An Affidavit in Lieu of Legal Capacity to Contract Marriage is a sworn statement made by a U.S. citizen saying, in substance, that:

they are a U.S. citizen;
they are of legal age to marry;
they are not currently married;
any previous marriage has legally ended, if applicable; and
they know of no legal impediment to marrying in the Philippines.

The phrase “in lieu of” means “instead of.” So the affidavit is used instead of a formal Certificate of Legal Capacity to Contract Marriage.

This matters because Philippine law requires a foreigner to prove legal capacity before a marriage license may be issued. But the United States has no single national civil registry that can issue a universal “single certificate” or “capacity to marry” certificate for every U.S. citizen. Marriage, divorce, and vital records in the U.S. are generally handled at the state, county, or local level, not through one federal registry.

The U.S. Embassy in the Philippines has also stated in its official affidavit form that the United States Government does not maintain marriage records and does not make representations about the truth of the statements made by the person signing the affidavit. You can view the U.S. Embassy’s sample form here: U.S. Embassy Legal Capacity to Marry Affidavit form.

In practical terms, the affidavit is not the U.S. government “certifying” that you are single. It is the U.S. citizen personally swearing to their own legal capacity, usually before a notary or consular officer.

Legal Basis Under Philippine Law

The main rule is found in Article 21 of the Family Code of the Philippines, Executive Order No. 209, as amended.

Article 21 provides that when either or both parties are citizens of a foreign country, they must submit, before a marriage license can be obtained, a certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officials. Stateless persons or refugees may submit an affidavit stating the circumstances showing their capacity to marry.

You can read the Family Code text at Lawphil’s copy of Executive Order No. 209, the Family Code of the Philippines.

For U.S. citizens, the difficulty is that the U.S. Embassy does not issue a true Certificate of Legal Capacity to Contract Marriage in the same way some embassies do. Instead, U.S. citizens commonly use an affidavit. Philippine Local Civil Registrars generally recognize this practice, but actual acceptance can still depend on the requirements of the city or municipality where the couple applies for the marriage license.

Why the Local Civil Registrar Requires This Document

A Philippine marriage license is issued by the Local Civil Registrar, often called the LCR, of the city or municipality where either contracting party habitually resides. Under Article 9 of the Family Code, the marriage license is obtained from that local civil registrar, except in marriages where no license is required.

The LCR checks whether the parties have the legal qualifications to marry. This includes confirming that:

both parties are at least 18 years old;
neither party is already married;
any prior marriage has legally ended;
required parental consent or parental advice rules are complied with, when applicable;
the 10-day posting period is completed; and
a foreign party has submitted proof of legal capacity under Article 21.

For a U.S. citizen, the affidavit is therefore part of the LCR’s documentary basis for issuing the marriage license.

Embassy-Notarized vs. Locally Notarized Affidavit

This is where many couples get confused.

Historically, many U.S. citizens went to the U.S. Embassy in Manila or the U.S. Consular Agency in Cebu to sign a marriage affidavit before a consular officer. However, the U.S. Embassy announced in 2021 that U.S. citizens wishing to marry in the Philippines are no longer required to have their affidavits notarized at the Embassy or Consular Agency. The Embassy also stated that the Philippine Statistics Authority would accept locally notarized marriage affidavits. See the Embassy notice: U.S. Embassy message on notarization requirements for legal capacity affidavits.

That said, real-world practice can vary. Some LCRs are updated and accept a Philippine locally notarized affidavit without issue. Others may still ask for an Embassy-notarized affidavit, especially if their internal checklist has not been updated or if the staff are following older practice.

Before spending money or booking travel, it is wise to ask the specific LCR where you will apply:

“Do you accept a locally notarized Affidavit in Lieu of Legal Capacity to Contract Marriage from a U.S. citizen, or do you require Embassy notarization?”

Get the answer from the LCR that will actually process your marriage license, not from a friend, wedding coordinator, or another municipality.

Where to Get the Affidavit Notarized

A U.S. citizen in the Philippines usually has two practical options.

Option	Where done	Practical notes
Locally notarized affidavit	Before a Philippine notary public, usually a lawyer commissioned as notary	Often faster and cheaper. The U.S. citizen must personally appear, present valid ID, and sign the affidavit before the notary. Confirm first that the LCR accepts it.
Embassy or consular notarization	U.S. Embassy Manila or U.S. Consular Agency Cebu, subject to appointment availability	Some LCRs may still prefer this. U.S. Embassy notarial services generally require an appointment and charge a notarial fee. The Embassy’s notarial information is available at U.S. Embassy notarial services in the Philippines.

If the affidavit is notarized in the Philippines before a Philippine notary, it normally does not need a DFA apostille for use with a Philippine LCR, because it is already a Philippine-notarized document being used locally.

If the affidavit is notarized in the United States before a U.S. notary, the LCR may require additional authentication, usually an apostille from the appropriate U.S. state authority. Even then, some Philippine LCRs may be unfamiliar with accepting a U.S.-notarized affidavit for this particular purpose. For most couples, doing the affidavit in the Philippines is simpler.

Step-by-Step Process for a U.S. Citizen Marrying in the Philippines

1. Ask the Local Civil Registrar for Its Current Checklist

Start with the LCR of the city or municipality where either party habitually resides. Local checklists differ slightly.

Ask specifically about:

whether they accept a locally notarized U.S. affidavit;
whether they require a CENOMAR or equivalent from the U.S. citizen;
whether they require the U.S. citizen’s birth certificate;
whether divorce decrees must be original, certified, apostilled, or merely presented for inspection;
seminar requirements;
fees; and
how they count the 10-day posting period.

This step avoids the most common problem: preparing documents based on another city’s rules, then finding out your LCR requires something different.

2. Prepare the U.S. Citizen’s Affidavit

The affidavit should clearly state the U.S. citizen’s identifying details and civil status.

It usually includes:

full legal name;
date and place of birth;
citizenship;
passport details;
current address;
intended spouse’s name;
statement that the person is legally free to marry;
details of prior marriages, if any; and
statement that all prior marriages have been legally terminated.

Use the U.S. Embassy sample form as a guide, but check whether the LCR has its own preferred format.

3. Gather Proof of Identity and Civil Status

For the U.S. citizen, prepare at least the following:

Document	Why it matters
Valid U.S. passport	Primary proof of identity and citizenship
Affidavit in Lieu of Legal Capacity to Contract Marriage	Required in place of the usual certificate of legal capacity
Divorce decree, if divorced	Shows prior marriage was legally dissolved
Death certificate of former spouse, if widowed	Shows prior marriage ended by death
Annulment or nullity decree, if applicable	Shows prior marriage was legally ended by court judgment
Birth certificate, if required by the LCR	Some LCRs ask for it even if the passport already shows age and nationality
Valid Philippine address or contact details	Needed for the marriage license application form

For the Filipino partner, the usual documents include:

PSA-issued birth certificate;
PSA Certificate of No Marriage Record, commonly called CENOMAR;
valid government-issued ID;
barangay certificate or proof of residence, if required;
parental consent if 18 to below 21;
parental advice if 21 to below 25;
certificate of marriage counseling or pre-marriage seminar, if required; and
annulment, declaration of nullity, death certificate, or judicial recognition of foreign divorce, if previously married.

For PSA documents, use official channels such as the Philippine Statistics Authority or authorized PSA request services.

4. Notarize the Affidavit

If using a Philippine notary, the U.S. citizen must personally appear before the notary. A legitimate notary will ask for competent evidence of identity, usually the passport.

Avoid notarization where the person does not appear personally or where someone offers to “process” a notarized affidavit without the signer being present. That can create serious problems later because an affidavit is a sworn document.

5. File the Marriage License Application

Both parties usually need to appear at the LCR to file the application.

Under Article 11 of the Family Code, each party files a sworn application stating basic personal details, including name, place of birth, age, civil status, residence, citizenship, parents’ names, and, if previously married, how the previous marriage was dissolved.

The LCR will review the documents, receive the application, and post the required notice.

6. Complete the 10-Day Posting Period

Under Article 17 of the Family Code, the LCR posts a notice of the marriage license application for 10 consecutive days on a bulletin board outside the LCR office. This allows anyone with knowledge of a legal impediment to inform the registrar.

The marriage license is issued after the posting period is completed, assuming all requirements are satisfied.

In practice, couples should not schedule the wedding too tightly. The 10-day period may be affected by weekends, holidays, local office schedules, missing documents, or seminar availability.

7. Use the Marriage License Within 120 Days

Under Article 20 of the Family Code, a Philippine marriage license is valid anywhere in the Philippines for 120 days from the date of issue. If the couple does not marry within that period, the license is automatically cancelled and a new application is needed.

This is important for U.S. citizens flying in for a short trip. Do not assume you can arrive, get the affidavit, file the license, complete the waiting period, attend seminars, and marry all within a few days. Many couples need at least two to three weeks of realistic lead time, sometimes more.

8. Ensure the Marriage Is Properly Registered

After the wedding, the solemnizing officer must submit the marriage certificate to the LCR. Under Article 23 of the Family Code, the solemnizing officer must send the duplicate and triplicate copies of the marriage certificate to the LCR not later than 15 days after the marriage.

The PSA copy becomes available only after local registration and endorsement into the civil registry system. Depending on the city or municipality, PSA availability may take several weeks to a few months.

Common Problems U.S. Citizens Encounter

The LCR Still Wants an Embassy-Notarized Affidavit

Even though the U.S. Embassy announced that Embassy notarization is no longer required for U.S. citizens’ marriage affidavits, some LCRs may still ask for it. This is usually a local practice issue, not a new law.

Practical options include:

politely showing the LCR the U.S. Embassy notice;
asking whether a locally notarized affidavit will be accepted if attached to the Embassy notice;
asking for the LCR’s requirement in writing; or
booking Embassy notarial services if the LCR will not accept anything else and the wedding timeline allows it.

The U.S. Citizen Was Previously Divorced

A U.S. citizen who was previously married must be able to show that the prior marriage legally ended. Usually, this means presenting a final divorce decree.

The LCR may look for:

certified copy of the divorce decree;
proof that the decree is final;
apostille, if the document was issued abroad and the LCR requires authentication;
official English version, if the document is in another language.

If the prior spouse was Filipino, the issue becomes more sensitive. The U.S. citizen may be free to remarry under U.S. law, but the Filipino former spouse may need judicial recognition of the foreign divorce before being treated as capacitated to remarry under Philippine law. The Supreme Court has discussed this doctrine in cases such as Republic v. Orbecido III, G.R. No. 154380, October 5, 2005, and Republic v. Manalo, G.R. No. 221029, April 24, 2018. You can read the Orbecido ruling at Lawphil’s Republic v. Orbecido III decision and the Manalo ruling at Lawphil’s Republic v. Manalo decision.

The Filipino Partner Was Previously Married

This is one of the biggest sources of delay.

If the Filipino partner was previously married, a new marriage license generally cannot be issued unless the prior marriage has legally ended and the civil registry record supports that status.

Depending on the situation, the Filipino partner may need:

death certificate of the former spouse;
final court decision of annulment or declaration of nullity;
certificate of finality;
annotated PSA marriage certificate;
judicial recognition of foreign divorce, if applicable; or
other court and civil registry documents.

A foreign divorce document alone does not automatically update the Filipino partner’s PSA record. Court recognition and civil registry annotation may be required.

The Couple Relies Only on Wedding Coordinator Advice

Wedding coordinators can be helpful, but the LCR is the office that decides whether the marriage license application is complete. Always confirm documentary requirements directly with the LCR.

A coordinator may say, “This is what we usually submit,” but one missing apostille, one outdated affidavit format, or one unrecognized divorce document can delay the license.

The U.S. Citizen Arrives Too Close to the Wedding Date

The Philippine marriage license process has built-in waiting time. Even a complete application must go through the 10-day posting period under Article 17.

For foreign citizens, add time for:

notarization;
possible Embassy appointment;
securing certified divorce records;
apostille requirements;
seminars;
LCR review;
holidays and local office schedules.

A safer planning window is often three to six weeks before the intended wedding, especially if either party was previously married.

Required Documents, Fees, and Timelines

Exact requirements vary by LCR, but the following table reflects what couples commonly encounter.

Item	Typical requirement	Practical timeline
U.S. passport	Original plus photocopy	Same day if already available
Affidavit in Lieu of Legal Capacity	Locally notarized or Embassy-notarized, depending on LCR	Same day locally; Embassy depends on appointment availability
Divorce decree or death certificate	Required if U.S. citizen was previously married	Days to weeks, longer if certified copies or apostille are needed
Filipino partner’s PSA birth certificate	Usually required	Several days to weeks depending on request method
Filipino partner’s PSA CENOMAR	Usually required	Several days to weeks
Marriage counseling or pre-marriage seminar	Often required, especially for younger applicants	Depends on LGU schedule
Marriage license posting	Required under Article 17	10 consecutive days
Marriage license validity	Valid nationwide	120 days from issue date
Marriage registration after ceremony	Solemnizing officer submits certificate to LCR	Usually within 15 days after marriage

Fees vary by city or municipality. LCR fees are usually modest, but total costs increase if documents must be ordered from abroad, apostilled, translated, couriered, or notarized at the Embassy.

Special Notes for U.S. Citizens Abroad

If the U.S. citizen is not yet in the Philippines, planning ahead is important.

If signing the affidavit in the United States

A U.S.-notarized affidavit may need an apostille from the appropriate state authority. For example, a California-notarized document would usually be apostilled through the California Secretary of State, while a Texas-notarized document would go through the Texas Secretary of State.

But before doing this, ask the Philippine LCR if it will accept a U.S.-notarized and apostilled affidavit. Some LCRs prefer that the affidavit be signed in the Philippines before a local notary or before a U.S. consular officer.

If the U.S. citizen has a foreign divorce decree

If the divorce was granted outside the United States, the LCR may ask for authentication from the country of issuance, an apostille if the country is part of the Apostille Convention, and an English translation if needed.

The Philippines is part of the Apostille Convention, so apostilles are generally used for public documents between member countries. Philippine apostille information is handled by the Department of Foreign Affairs through its authentication services.

If both parties are foreigners

Article 21 applies when either or both parties are foreign citizens. If both parties are U.S. citizens marrying in the Philippines, the LCR may require an affidavit from each U.S. citizen, along with the other standard marriage license requirements.

Does the Affidavit Guarantee the Marriage License Will Be Approved?

No. The affidavit addresses only the U.S. citizen’s legal capacity requirement. The LCR still reviews the entire marriage license application.

The license may still be delayed if:

the Filipino partner’s PSA documents show a prior marriage;
a divorce decree is incomplete or not final;
parental consent or advice requirements apply;
marriage counseling certificates are missing;
the affidavit format is unacceptable to the LCR;
names do not match across documents;
the LCR wants apostilled foreign documents;
the solemnizing officer’s authority is questionable; or
the couple applied in the wrong city or municipality.

The affidavit is important, but it is only one part of the marriage license package.

Legal Effect of False Statements in the Affidavit

An affidavit is a sworn statement. Making false statements in it can have legal consequences.

Under Philippine law, sworn statements may expose a person to criminal liability if they knowingly make false declarations under oath. Depending on the facts, issues may arise under the Revised Penal Code provisions on falsification or perjury.

False statements may also create civil registry problems later. For example, if a person swears that they are single but they are actually still married, the later marriage may be void for bigamy or lack of legal capacity. Under Article 35 of the Family Code, marriages contracted by a party below 18, solemnized without authority, solemnized without a license except in legally exempt cases, bigamous or polygamous marriages, and certain mistaken-identity marriages are void from the beginning.

If there is any doubt about a prior marriage, divorce, annulment, or civil status, resolve it before signing the affidavit.

Frequently Asked Questions

Do U.S. citizens need a Certificate of Legal Capacity to Marry in the Philippines?

Philippine law requires foreigners to submit proof of legal capacity under Article 21 of the Family Code. Because the U.S. government generally does not issue a formal national Certificate of Legal Capacity to Contract Marriage, U.S. citizens commonly submit an Affidavit in Lieu of Legal Capacity to Contract Marriage.

Is the Affidavit in Lieu of Legal Capacity accepted in the Philippines?

Yes, it is commonly accepted in practice, but acceptance depends on the Local Civil Registrar processing the marriage license. Some LCRs accept a locally notarized affidavit. Others may still request Embassy notarization. Always confirm with the specific LCR before finalizing your wedding schedule.

Does the U.S. Embassy in Manila still notarize marriage affidavits?

The U.S. Embassy provides notarial services by appointment, but it has also announced that U.S. citizens are no longer required to have marriage affidavits notarized at the Embassy or Consular Agency. Check the current appointment and notarial information through the U.S. Embassy notarial services page.

Can a Philippine notary notarize the affidavit of a U.S. citizen?

Yes, a Philippine notary may notarize an affidavit signed by a U.S. citizen in the Philippines, provided the signer personally appears, presents valid identification, and signs before the notary. The practical question is whether the LCR will accept that locally notarized affidavit for the marriage license application.

Does a U.S. citizen need a CENOMAR?

A CENOMAR is a Philippine Statistics Authority document showing no record of marriage in the Philippine civil registry. U.S. citizens generally do not have Philippine civil registry records unless they previously had a Philippine-registered marriage. Some LCRs may still ask foreign nationals for a CENOMAR or an equivalent document as a local checklist requirement. Ask the LCR directly.

What if the U.S. citizen is divorced?

The U.S. citizen should prepare a certified final divorce decree. If the document was issued abroad, the LCR may require an apostille or authentication. If there were multiple prior marriages, bring proof that each prior marriage legally ended.

How long does it take to get a marriage license in the Philippines?

After filing a complete application, the Family Code requires a 10-day posting period before issuance. In practice, allow additional time for document review, seminars, missing documents, weekends, holidays, and local processing. Many couples should plan for at least two to three weeks, and longer if foreign divorce or apostille documents are involved.

Is the marriage license valid anywhere in the Philippines?

Yes. Under Article 20 of the Family Code, a marriage license is valid in any part of the Philippines for 120 days from the date of issue. If unused within 120 days, it is automatically cancelled.

Can a U.S. citizen marry a Filipino in the Philippines without this affidavit?

Usually, no. If a marriage license is required, Article 21 requires proof of the foreign citizen’s legal capacity before the license can be obtained. The affidavit is the usual substitute document for U.S. citizens because the United States does not issue the typical certificate requested from many other foreign nationals.

What happens after the wedding?

The solemnizing officer submits the marriage certificate to the Local Civil Registrar, generally within 15 days after the marriage under Article 23 of the Family Code. The PSA copy becomes available only after local registration and PSA processing, which may take weeks or months depending on the locality and endorsement process.

Key Takeaways

A U.S. citizen marrying in the Philippines usually uses an Affidavit in Lieu of Legal Capacity to Contract Marriage instead of a formal Certificate of Legal Capacity.
The legal basis is Article 21 of the Family Code, which requires foreign citizens to submit proof of legal capacity before a marriage license is issued.
The U.S. government generally does not maintain a national marriage-status registry and does not issue the same kind of legal capacity certificate that some countries provide.
The U.S. Embassy has announced that U.S. citizens are no longer required to have marriage affidavits notarized at the Embassy or Consular Agency, but some Local Civil Registrars may still ask for Embassy notarization in practice.
Always confirm the exact requirement with the Local Civil Registrar where you will apply for the marriage license.
If the U.S. citizen was previously married, bring proof that the prior marriage legally ended, such as a final divorce decree or death certificate.
The marriage license process includes a 10-day posting period and the license is valid for 120 days from issuance.
The affidavit is important, but it does not replace the other marriage license requirements for the Filipino partner, the LCR application, seminars, parental consent or advice when applicable, and proper registration after the wedding.