Quick answer

A U.S. citizen applying for a Philippine marriage license generally must submit proof of legal capacity to marry under Article 21 of the Family Code. Because the U.S. government does not maintain a nationwide marriage registry and does not issue a conventional certificate of legal capacity, the applicant may ordinarily submit an Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage.

The U.S. Embassy states that this affidavit no longer has to be notarized at the Embassy or Consular Agency; it may be notarized by a Philippine notary public. Before signing or paying for notarization, however, confirm the exact form and supporting documents with the Local Civil Registrar (LCR) that will issue the marriage license. Documentary practices can differ among cities and municipalities, particularly for previously married applicants.

The affidavit is a sworn statement by the U.S. citizen. It is not an independent U.S. government certification that the person is free to marry, and it does not cure an existing marriage, an ineffective divorce, or another legal impediment.

Why the affidavit is required

Under Article 21 of the Family Code, a foreign citizen must ordinarily submit a certificate of legal capacity to contract marriage, issued by the person’s diplomatic or consular officials, before obtaining a Philippine marriage license.

The United States cannot issue the usual certificate because marriage and divorce records are kept by individual states, counties, and other local jurisdictions rather than in one federal registry. The affidavit is therefore used as the practical substitute for U.S. citizens.

Philippine authorities have permitted local notarization of these affidavits, and the U.S. Embassy’s current notarial guidance directs applicants to the local-notarization option. The Embassy announced this change in its 2021 notice on marriage-affidavit notarization.

What the affidavit establishes—and what it does not

The affidavit normally identifies the U.S. citizen and states under oath that the person is legally capable of marrying. Depending on the form accepted by the LCR, it may cover:

Full legal name, date and place of birth, citizenship, and address
Passport or other identification details
Current civil status
The intended spouse’s name
Details of every prior marriage
How and when each prior marriage ended
A declaration that no legal impediment prevents the proposed marriage

The affidavit does not create legal capacity. The underlying facts and applicable law must actually permit the marriage. A false statement can create serious civil, criminal, immigration, and marital-status consequences.

In Republic v. Court of Appeals and Garcia-Recio, the Supreme Court explained that an alien’s capacity to marry is determined by the alien’s national law and that a duly authenticated certificate of legal capacity is prima facie evidence of that capacity. The Court also emphasized that a foreign divorce document may be insufficient if it does not establish that the divorce became final and restored the person’s capacity to remarry. See G.R. No. 138322, October 2, 2001.

Who should obtain one

A U.S. citizen will generally need the affidavit when:

Marrying a Filipino citizen in the Philippines
Marrying another foreign citizen in the Philippines under a marriage license issued by an LCR
Applying for a marriage license for which the registrar requires Article 21 documentation

If both parties are foreigners, each should ask the LCR what proof is required from the person’s own country. One party’s U.S. affidavit does not establish the other party’s capacity.

Article 21 separately allows stateless persons and refugees to submit an affidavit explaining the circumstances showing their capacity. That exception should not be confused with the administrative accommodation used for U.S. citizens.

Confirm the requirements before notarization

Contact the LCR of the city or municipality where the license application will be filed. Under Article 9 of the Family Code, the license is issued by the LCR where either contracting party habitually resides.

Ask the registrar:

Which affidavit form it currently accepts for U.S. citizens.
Whether a locally notarized affidavit is accepted.
Whether it wants the U.S. Embassy sample or an LCR-issued form.
How recently the affidavit must have been executed.
How many originals and photocopies are required.
Which passport pages and civil-status records must accompany it.
Whether U.S.-issued records require an apostille or other authentication.
Whether non-English documents require an official translation.
What additional seminars, certificates, or local forms apply.
Whether both applicants must appear personally and whether an appointment is required.

Obtain the answer in writing if possible, or record the office, date, and name or position of the employee who provided the instructions. This can prevent a dispute over forms after travel, notarization, or wedding arrangements have been paid for.

How to complete and notarize the affidavit

1. Use the form accepted by the LCR

Download or obtain the current form specified by the registrar. Do not rely on an old blog copy, an unverified commercial template, or a form prepared for another nationality or city.

Read every statement before signing. Do not leave material blanks, conceal a prior marriage, or describe a divorce as final unless the court record establishes finality.

2. Assemble the supporting records

The U.S. citizen should ordinarily bring:

Original, valid U.S. passport
Photocopies requested by the LCR
Affidavit form, unsigned
Proof of termination of every prior marriage, if applicable
Any name-change document needed to connect inconsistent names
The intended spouse’s identifying information
Other documents specifically required by the LCR

A birth certificate, state “single-status” search, or no-marriage-record letter may be useful if requested, but none should automatically be treated as a substitute for the affidavit or for proof that a prior marriage ended.

3. Appear personally before a Philippine notary

Do not sign in advance unless the notary instructs you to do so in the notary’s presence. Philippine notarial rules require personal appearance and proper identification. The Supreme Court repeatedly enforces these safeguards; see, for example, A.C. No. 9417, November 18, 2020.

Bring competent evidence of identity, ordinarily the original passport and any additional identification the notary reasonably requires. Make sure the notary’s commission is valid for the place and date of notarization.

4. Check the completed notarial certificate

Before leaving, verify that:

Your name matches your passport
The affidavit contains the correct civil status and prior-marriage information
All required pages are attached
The venue and date are correct
The notary signed and affixed the required seal
The notarial details are complete and readable
No material blank spaces remain

Keep a clear scan and at least one photocopy. Submit the original only to the office that requires it.

5. File it with the marriage-license application

Each applicant must separately file a sworn marriage-license application containing the information listed in Article 11 of the Family Code. The registrar may also require birth records, identification, photographs, seminar certificates, prior-marriage records, and locally prescribed forms.

The affidavit in lieu is only one component of the application.

Marriage-license timing

For an ordinary licensed marriage:

The LCR posts notice of the application for 10 consecutive days.
The license is issued after completion of the posting period, subject to compliance with the other requirements.
The license is valid throughout the Philippines for 120 days from issuance.
An unused license is automatically cancelled upon expiration.

These periods come from Articles 17 and 20 of the Family Code. Allow additional time for appointments, seminars, document corrections, weekends, local holidays, and registrar review. Do not schedule a nonrefundable ceremony on the assumption that the license will be released immediately.

Applicants aged 18 to 20 need parental consent. Applicants aged 21 to 24 must seek parental advice; failure to obtain it, or unfavorable advice, can delay license issuance for three months after completion of publication. Marriage counselling requirements can also affect timing under Articles 14 to 16.

No person under 18 may validly marry in the Philippines.

If the U.S. citizen was previously married

Disclose every prior marriage, including marriages celebrated outside the United States or the Philippines. Bring the final record showing how each marriage ended.

Prior spouse died

Provide the official death certificate. Ask whether a U.S.-issued certificate must be apostilled and whether any translation is required.

Prior marriage ended by divorce

Bring the complete divorce judgment or decree and evidence that it became final. A preliminary, interlocutory, conditional, or incomplete order may not establish present capacity to remarry.

The LCR may request an apostille, certification of finality, or additional records. Requirements depend on where the divorce was granted, the applicant’s citizenship at relevant times, and the wording of the judgment.

Prior marriage was annulled or declared void

Bring the final judicial decree and any required proof of entry, registration, or finality. Do not rely only on a petition, hearing notice, or unsigned copy.

The intended Filipino spouse has a foreign divorce

This is a different and more difficult issue. A foreign divorce does not necessarily make a Filipino citizen immediately free to remarry in Philippine records. Judicial recognition of the foreign divorce and correction or annotation of the civil registry may be required, together with proof of the foreign law and decree.

Supreme Court decisions applying Article 26 should be assessed against the particular nationalities, timing, and manner in which the divorce was obtained. Do not use the U.S. citizen’s affidavit as a shortcut around unresolved civil status.

Is an apostille required?

A Philippine-notarized affidavit intended for submission to a Philippine LCR ordinarily remains a domestic document, so an apostille should not automatically be necessary. The LCR may, however, require apostilles for supporting public documents issued in the United States, such as divorce judgments, death certificates, or birth certificates.

An apostille authenticates the origin of a public document; it does not prove that the document restores capacity to marry or that every statement in it is legally sufficient. Confirm the requirement with the LCR and the competent issuing authority before ordering authentication.

Important exceptions

Some marriages are exempt from the marriage-license requirement, including narrowly defined marriages in articulo mortis, certain marriages in remote places, and qualifying unions under Article 34. These are fact-specific exceptions with sworn-document requirements of their own.

Do not use a “five-year cohabitation affidavit” merely to avoid the marriage-license process. Article 34 requires at least five years of living together as husband and wife without any legal impediment to marry each other throughout the relevant period. A false affidavit or an untrue recital can expose the marriage and the participants to serious consequences.

Even where no marriage license is required, the parties must still possess legal capacity and comply with the other essential and formal requisites.

After the wedding

The solemnizing officer must provide the parties with the original marriage certificate and transmit the required copies to the LCR of the place of celebration within 15 days, as stated in Article 23 of the Family Code.

Practical follow-up includes:

Obtain and preserve the signed marriage-certificate copy and proof of the marriage license.
Ask the solemnizing officer when the records were transmitted.
Verify local registration with the LCR.
Later request the PSA-issued marriage certificate when the record becomes available.
Check the separate U.S. requirements for immigration, Social Security, taxes, benefits, name changes, and state records.

Marriage to a U.S. citizen does not itself grant a U.S. visa, immigration status, or immediate right of entry.

Evidence to preserve

Keep paper and electronic copies of:

The signed and notarized affidavit
Passport biographical page and relevant entry records
Marriage-license applications and official receipts
The issued marriage license
Birth, death, divorce, annulment, and name-change records
Apostilles and certified translations
Seminar or counselling certificates
Written instructions or checklists received from the LCR
The marriage certificate supplied after the ceremony
Proof that the solemnizing officer was authorized
Proof of submission and registration with the LCR
The later PSA marriage certificate

Preserve complete documents, not only photographs of signature pages.

Common mistakes

Using an outdated or unofficial affidavit without checking with the LCR
Assuming an Embassy appointment is still mandatory
Signing before appearing before the Philippine notary
Treating notarization as government verification of marital status
Failing to disclose an earlier marriage
Submitting a divorce order that is not yet final
Assuming a CENOMAR proves that a foreigner is legally free to marry
Assuming an apostille proves the legal effect of a divorce
Ignoring spelling, middle-name, suffix, or date discrepancies
Booking a ceremony before the license has actually been issued
Letting the 120-day license validity expire
Using an Article 34 affidavit without satisfying every condition
Failing to confirm that the officiant is legally authorized
Assuming the wedding automatically creates U.S. immigration rights

When legal help is urgent

Consult a Philippine family-law lawyer before the wedding if:

Either party may still be married
A prior divorce was conditional, disputed, or obtained while either spouse was Filipino
The Filipino party is relying on a foreign divorce
A prior marriage or divorce is missing from civil-registry records
Names, dates, citizenship, or civil status differ across documents
Either party changed citizenship during a prior marriage or divorce
The LCR refuses the affidavit or demands proof you cannot obtain
Someone proposes false information or a sham license exemption
The wedding already occurred without a valid license or authorized solemnizing officer
Immigration plans depend on the validity of the marriage

Obtaining advice before the ceremony is usually safer than trying to repair a defective civil-status record afterward.

FAQ

Does the U.S. Embassy certify that I am single?

No. The U.S. government does not maintain a nationwide marriage database. The affidavit is the U.S. citizen’s sworn statement, not an independent federal search or guarantee.

Must I visit the U.S. Embassy in Manila?

Generally, no. Current U.S. Embassy guidance permits local notarization in the Philippines. Confirm that the intended LCR accepts the locally notarized form before proceeding.

Can I sign the affidavit in the United States?

Possibly, but do not assume a U.S.-notarized document will be accepted as-is. The LCR may require an apostille, a particular form, or Philippine notarization. Ask first.

Does the affidavit replace my divorce decree?

No. A previously married applicant should expect to provide the final divorce, annulment, nullity, or death record required to establish how the earlier marriage ended.

Is a CENOMAR the same document?

No. A PSA Certificate of No Marriage Record reports whether a marriage record appears in the PSA database under the searched details. It is not a U.S. certificate of legal capacity and does not establish the legal effect of a foreign divorce.

How long is the affidavit valid?

The Family Code does not state a universal validity period for this particular affidavit. An LCR may apply its own recency requirement, so ask the issuing office before notarization.

Can the affidavit be used anywhere in the Philippines?

Acceptance should be confirmed with the LCR processing the application. Once properly issued, the marriage license itself is valid anywhere in the Philippines for 120 days.

Does notarization make every statement legally correct?

No. Notarization establishes the execution of the sworn document under notarial rules. It does not erase a prior marriage or conclusively determine the legal effect of foreign law.

Official sources

This article provides general legal information, not legal advice. Requirements can depend on citizenship history, prior marriages, foreign law, the documents presented, and the practices of the responsible Local Civil Registrar. Official sources and procedures were checked as of September 3, 2026; confirm current requirements directly with the LCR before acting.