Certificate of No Impediment / Legal Capacity to Marry (Philippines)

A complete, practical legal guide (Philippine context)

What this covers. Everything a couple (Filipino–foreigner, foreigner–foreigner, Filipino–Filipino) needs to know in the Philippines about documents proving you’re free to marry—often called a Certificate of No Impediment (CNI), Certificate of Legal Capacity to Contract Marriage (LCCM), Affidavit in Lieu, and the PSA CENOMAR. This is general information, not legal advice.

1) The big picture—what document do you actually need?

There are two different “no impediment” ideas in play:

For foreign citizens marrying in the Philippines The Local Civil Registrar (LCR) that issues your marriage license will require the foreign national to submit proof they are legally free to marry under their own national law.
- This proof is commonly titled:
  - Certificate of No Impediment to Marriage (CNI)
  - Certificate of Legal Capacity to Contract Marriage (LCCM)
  - Affidavit/Statement in Lieu of Legal Capacity (used by countries that do not issue CNIs)
- It is usually issued by the embassy/consulate of the foreigner or by an authority from the foreigner’s home country.
- Legal basis (PH): Under the Family Code, a foreigner marrying in the Philippines must show legal capacity to marry according to their national law.
For Filipino citizens (and sometimes also requested from foreigners) The LCR often requires a PSA CENOMAR (Certificate of No Marriage Record) or PSA Advisory on Marriages to show your civil status (single/previous marriages). This is a Philippine civil registry document distinct from the foreigner’s CNI/LCCM.

Bottom line: If a foreigner is involved, expect both: (a) the foreigner’s CNI/LCCM (or equivalent), and (b) the Filipino’s PSA CENOMAR/AOM. If both are foreigners, the LCR will typically require each one’s proof of capacity (CNI/LCCM or equivalents); a CENOMAR is not usually applicable to them unless they also have PH records.

2) What counts as an “impediment” under Philippine law?

A marriage is not allowed (or voidable/void) if impediments exist, such as:

Age: Below 18 cannot marry. Ages 18–21 need parental consent; 21–25 need parental advice (lack of advice can delay the license).
Existing marriage: Prior subsisting marriage (unless legally ended and properly recognized/annotated).
Relationship: Certain degrees of consanguinity/affinity.
Psychological incapacity (as recognized by courts).
Other Family Code bars (e.g., mistaken identity in certain circumstances).

The CNI/LCCM or CENOMAR is meant to evidence the absence of these bars.

3) Who needs which document? (Quick matrix)

Couple Type	Foreign CNI/LCCM (or equivalent)	PSA CENOMAR/AOM	Notes
Filipino + Foreigner (marrying in PH)	Required from the foreigner	Required from Filipino; LCR may also ask Filipino’s PSA birth certificate	Plus standard license requirements (IDs, photos, etc.)
Two Foreigners (marrying in PH)	Required from each foreigner	Typically not (unless they have PH records)	Some LCRs ask for both CNIs & passports
Two Filipinos (marrying in PH)	Not applicable	Required from both (CENOMAR/AOM)	Normal PH license process
Filipino/Foreigner marrying religiously in PH	As above; still tied to LCR & license	As above	Churches add canonical paperwork (see §10)
Filipino/Foreigner marrying abroad	Governed by host country	PSA docs needed if the host country or PH embassy asks	Then Report of Marriage to PH Embassy/PSA afterward

4) The foreigner’s proof of capacity: forms you’ll see

CNI (Certificate of No Impediment) – commonly issued by Australia, New Zealand, etc.
LCCM (Legal Capacity to Contract Marriage) – generic term in PH LCR checklists; many embassies call their document this.
Affidavit/Statement in Lieu of Legal Capacity – used by countries that do not issue CNIs (e.g., the foreigner swears before a consular officer/notary they are free to marry).
Country-specific civil-status proofs (e.g., national family registry extracts, divorce decrees, death certificates of prior spouse, name-change judgments).

Important: The title of the document matters less than whether the LCR accepts it as official proof of the foreigner’s capacity to marry under their home law.

5) The Filipino’s civil-status proof: CENOMAR vs Advisory on Marriages

CENOMAR (Certificate of No Marriage Record) – issued by PSA; shows that no marriage is on record for the person.
Advisory on Marriages (AOM) – shows any and all marriages recorded for the person (useful if previously married).
If a Filipino was previously married and that marriage ended (e.g., annulment/nullity, foreign divorce by foreign spouse, death), the PSA record must be updated/annotated to reflect the change; the LCR will look for those annotations and supporting court decisions/death certificates/recognition of foreign divorce where applicable.

6) Apostille, legalization, and translations (foreign documents)

The Philippines honors the Hague Apostille Convention. Foreign civil-status documents (CNI, divorce decree, death certificate, etc.) generally must be apostilled (or consularized if from a non-apostille country).
Non-English/Filipino documents should have sworn translations by an accredited translator, often apostilled as well.
Bring originals and certified copies. LCRs may retain photocopies and sight the originals.

7) Where to apply for the marriage license (and residency rule)

File your license application with the LCR of the city/municipality where either party resides.
If the foreigner has no PH residence, file in the Filipino partner’s LCR.
The LCR will post a 10-day public notice. After the waiting period, and if all is in order, the license is issued.
Validity: Typically 120 days and valid nationwide.

8) What the LCR usually asks for (baseline checklist)

For the Filipino citizen

Government ID(s)
PSA birth certificate
PSA CENOMAR or AOM
Certificates from Pre-Marriage Orientation & Counseling (PMOC) and related seminars (family planning, etc.)
Parental consent (18–21) or parental advice (21–25), if applicable

For the foreign citizen

Passport (with valid stay)
CNI/LCCM/Affidavit in Lieu (or home-country civil status proof)
If previously married: final divorce decree, annulment/nullity judgment, or death certificate of prior spouse (apostilled/translated as needed)
Sometimes: proof of address, photos, additional LCR forms

Each LCR may have local add-ons (extra photos, barangay certificate, etc.). Bring more than you think you need.

9) Special situations & traps

Foreign divorce and the Filipino spouse. If a Filipino was married to a foreigner and the foreign spouse got a valid foreign divorce, the Filipino may remarry in the Philippines only after a Philippine court recognizes that foreign divorce and the PSA annotates the marriage record. Without that annotation, the prior marriage is still treated as subsisting for PH purposes.
Annulment/nullity in the Philippines. A Filipino whose marriage was annulled/declared void must present the final judgment and PSA-annotated records.
Direct-hire style affidavits vs. true capacity. Some embassies do not issue CNIs but will notarize an affidavit of singleness/capacity. Whether the LCR accepts it is a local practice point. When possible, bring supporting home-country documents that prove capacity under your national law.
Name changes & inconsistent records. Ensure names, dates, and passport data match across all documents. Bring change-of-name orders and apostilled copies.
Age-based parental requirements. Missing parental consent/advice can delay license issuance (e.g., a 3-month waiting period if parental advice is lacking for 21–25).
License-free marriages (narrow exceptions). The Family Code allows marriage without a license only in strict cases (e.g., couples who have cohabited for at least five years and are not otherwise disqualified, marriages in articulo mortis, or in certain remote circumstances). LCRs scrutinize these heavily; most couples should proceed with a standard license.
Same-sex couples. As of now, Philippine civil authorities do not issue marriage licenses to same-sex couples. If you marry abroad where legal, PH recognition is limited and does not convert to a PH civil marriage record.

10) Religious weddings (Catholic and others)

Religious solemnizers usually require the civil license first, then add faith-specific documents:

Catholic: Baptismal & confirmation certificates (recently issued with annotations), canonical interview, marriage banns (three Sundays), Pre-Cana seminar, and where the foreigner is Catholic, a Certificate/Letter of Freedom to Marry (or Nihil Obstat/Letter of No Canonical Impediment) from their home parish/diocese—separate from the civil CNI/LCCM.
Other faiths: Comparable pastoral/administrative clearances. The marriage must still be registered with the LCR after the ceremony for a PSA marriage certificate to exist.

11) Step-by-step playbooks

A) Filipino + Foreigner (marrying in the Philippines)

Gather civil-status proofs
- Filipino: PSA CENOMAR/AOM, PSA birth certificate.
- Foreigner: CNI/LCCM/Affidavit in Lieu + divorce/annulment/death docs (apostilled/translated).
Complete required seminars (PMOC and local LCR requirements).
Apply for marriage license at the Filipino’s LCR (if foreigner has no local residence).
10-day posting period; return to claim license (valid 120 days).
Solemnization (civil or religious).
Registration: Officiant files the Marriage Certificate with LCR; later obtain PSA Marriage Certificate.

B) Two Foreigners (marrying in the Philippines)

Each foreigner gets CNI/LCCM or equivalent from their embassy/home authority (+ apostille/translation as needed).
Apply for marriage license at LCR (choose a city/municipality—residence rules may require listing your local address).
Posting → license issuance → ceremony → registration.

C) Filipino previously married to a foreigner who divorced abroad

Obtain the foreign divorce decree and related proofs.
File a Philippine court petition to recognize the foreign divorce.
After finality, secure PSA-annotated marriage record.
Proceed with CENOMAR/AOM, then apply for a new marriage license.

12) Typical embassy/home-country evidence you may be asked for (illustrative)

Proof of nationality and identity (passport).
Proof of civil status under home law:
- Single: CNI or sworn statement that home law allows affidavit substitute.
- Divorced: Final divorce decree (not interlocutory), plus proof of finality.
- Widowed: spouse’s death certificate.
- Annulled: final annulment/nullity decision under home law.
Residence or posting-of-notice requirements (some countries require publication/notice periods before issuing a CNI).
Fees and appointment procedures vary by embassy or home authority.

Because practices differ, bring more documentation than the bare minimum, and expect the LCR to apply local checklists.

13) After the wedding—what to update

PSA Marriage Certificate: Order copies once the LCR forwards the record to PSA.
Report marriage to the foreigner’s embassy/consulate if their country requires it.
Change of status on immigration, tax, and benefits in both countries as applicable.
For surnames: Update passports/IDs following the rules of your nationality and the name chosen on the PH marriage record.

14) Common questions (quick answers)

Q1: My embassy won’t issue a CNI. Can I still marry in PH? Yes—many LCRs accept an Affidavit/Statement in Lieu or other home-country civil-status proof. What matters is that it convincingly shows legal capacity under your national law and meets apostille/translation rules.

Q2: Do we still need a CENOMAR if we cohabited for 5+ years and plan a license-free marriage? Expect the LCR to scrutinize this path and still ask for PSA civil-status proofs. The 5-year exception is narrow and formalities remain.

Q3: Can a tourist marry in the Philippines? Yes, provided the tourist secures the CNI/LCCM (or equivalent) and complies with license requirements and the 10-day posting.

Q4: Our foreign divorce is final abroad—why won’t the LCR accept it for the Filipino? The Filipino party needs a PH court recognition of the foreign divorce and a PSA-annotated record before being treated as free to remarry in the Philippines.

Q5: How long does this take? The LCR posting is at least 10 days; embassy timelines vary. Plan weeks—not days—especially when documents need apostille and translation.

15) Practical document templates (you can adapt)

A. Foreigner’s Affidavit of Legal Capacity (when your country doesn’t issue a CNI)

I, [Name], a citizen of [Country], holder of passport no. [ ], of legal age, and presently in [City, Philippines], after being duly sworn, depose and state: (1) I am single / divorced / widowed and legally free to marry under the laws of [Country]; (2) There is no legal impediment preventing my marriage to [Partner’s Name], a [Filipino/other] citizen; (3) Attached are true copies of my [passport/divorce decree/death certificate/other proofs]; (4) I execute this affidavit for presentation to the Local Civil Registrar to obtain a marriage license. Signed this [date] in [city], Philippines. (To be notarized by your embassy/consulate or a PH notary if acceptable; check LCR requirements.)

B. LCR-facing cover letter (optional, helpful for complex cases)

We respectfully submit the enclosed documents to evidence the foreign party’s legal capacity under [Country] law and the Filipino party’s civil status, including apostilled translations and PSA annotations. Please let us know if any additional proofs are preferred by your office.

16) Compliance checklist (pin this)

Passports / government IDs (valid, matching names)
Foreigner’s CNI/LCCM or Affidavit in Lieu (+ apostille/translation)
Filipino’s PSA CENOMAR/AOM (+ PSA birth certificate)
All prior-marriage documents (divorce/annulment/death) with apostille and, for Filipinos, PH court recognition + PSA annotation where required
PMOC / Pre-Cana / church clearances (if applicable)
Parental consent/advice (if required by age)
Extra photocopies of everything; bring originals for verification
Marriage license issued within 120-day validity → ceremony → registration → PSA marriage certificate

17) Final takeaways

In the Philippines, proof of being free to marry splits into two lanes: the foreigner’s capacity under their own law (CNI/LCCM/Affidavit) and the Filipino’s PSA civil-status proof (CENOMAR/AOM).
Apostille/translation rules make or break foreign documents.
Prior marriages need proper closure and annotation in the PH system before the LCR will issue a license.
Churches add their canonical requirements but do not replace civil steps.
Start early, over-document, and align what the embassy issues with what your LCR accepts.

If you want, tell me your nationalities, religion (if doing a church wedding), and the city in the Philippines—I'll tailor a precise LCR/embassy-style checklist you can print and follow.