Under the Family Code of the Philippines, the legal requirements for marriage are strict, particularly when one or both parties are foreign nationals. If you are a foreigner planning to wed in the Philippines, the most critical document you must secure is the Certificate of Legal Capacity to Marry (CLCM).

Here is a comprehensive guide to understanding and navigating this legal requirement within the Philippine jurisdiction.

1. The Legal Basis: Article 21

The requirement is anchored in Article 21 of the Family Code of the Philippines, which states:

"When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a local civil registrar can issue a marriage license, to submit a certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officials."

Without this document, a Local Civil Registrar (LCR) cannot legally issue a marriage license to a foreign national.

2. What Does the Certificate Prove?

The CLCM serves as official sworn testimony from the foreigner’s home government that:

The individual is of legal age to marry.
There are no existing legal impediments (e.g., a prior undissolved marriage).
The individual’s civil status is "Single," "Divorced," or "Widowed" (recognized under their home country's laws).

3. General Requirements for Application

While requirements vary slightly between consulates (e.g., the U.S. Embassy vs. the Japanese Embassy), the standard documentation usually includes:

Valid Passport: Original and photocopies of the data page and latest arrival stamp.
Proof of Civil Status: * If Single: A "Certificate of No Marriage" (CENOMAR) or equivalent from their home country.
If Divorced: A final Divorce Decree (note: the Philippines recognizes valid foreign divorces for foreign nationals).
If Widowed: A certified death certificate of the deceased spouse.
Birth Certificate: An official copy issued by the foreign government.
Affidavit of Legal Capacity: Many consulates (like the U.S.) require the applicant to sign a notarized affidavit in person at the embassy.

4. The Application Process

Appointment: Most consulates in Manila or Cebu (e.g., USA, UK, Canada, Australia) require an online appointment. Walk-ins are rarely permitted.
Personal Appearance: The foreign national must typically appear in person. Some consulates also require the Filipino fiancé(e) to be present.
Payment of Fees: Consular fees are paid in the embassy’s currency or the Philippine Peso equivalent.
Issuance: Depending on the country, the certificate may be issued on the same day or mailed within a few weeks.

5. Critical Considerations for the Filipino Spouse

While the foreigner deals with their consulate, the Filipino partner must simultaneously secure their own documents from the Philippine Statistics Authority (PSA):

PSA Birth Certificate (on security paper).
PSA CENOMAR (to prove they are also free to marry).

6. Special Cases: Stateless Persons or Refugees

Under Article 21, if a party is a stateless person or a refugee, they are not required to visit a consulate. Instead, they must submit an affidavit stating their legal capacity to marry, which is then vetted by the Department of Justice or the relevant local authorities.

7. Post-Issuance: The Marriage License

Once the CLCM is obtained, both parties must take it—along with their other documents—to the Local Civil Registrar of the city or municipality where the Filipino party resides.

10-Day Posting: There is a mandatory 10-day waiting period where the notice of marriage is posted publicly before the license is issued.
Validity: The Marriage License is valid for 120 days from the date of issuance and can be used anywhere in the Philippines.

Important Note on Religious vs. Civil Rites

Whether you choose a beach wedding or a church ceremony, the CLCM remains a non-negotiable prerequisite for the legal validity of the marriage under Philippine law.

Would you like me to draft a checklist of specific documents required by a particular embassy (e.g., U.S., UK, or Canada) to help you prepare?