A practical legal article in Philippine context (with step-by-step checks, document guides, and common traps to avoid).

Why this matters (legal consequences in the Philippines)

In the Philippines, marrying someone who is still legally married can expose both parties to serious consequences:

Your marriage may be void (treated as if it never legally existed).
The still-married spouse may face criminal liability for bigamy (Revised Penal Code, Art. 349).
It can affect property rights, inheritance, legitimacy/filial rights, benefits, and immigration-related processes.
Undoing the situation later often requires costly, time-consuming court proceedings.

Because Philippine law generally does not have “casual divorce” for Filipino citizens (with narrow exceptions), “hiwalay,” “separated,” or “matagal nang wala” usually does not equal single in law.

Core concept: “Single” in real life vs. “single” in law

A person is legally free to marry only if:

They have never been married; or
A prior marriage has legally ended and is properly recorded, such as by:
- Death of the spouse (widowed), or
- Final court judgment declaring the prior marriage void or annulled (and registered), or
- Judicial recognition in the Philippines of a divorce validly obtained abroad by a foreign spouse (with proper registration), under the Family Code rule commonly applied in mixed-nationality situations.

Anything else—informal separation, notarized “kasunduan,” church declarations not reflected in civil records—does not automatically restore legal capacity to remarry.

The most reliable approach: verify through PSA and civil registry annotations

In Philippine practice, the safest verification is document-based and annotation-based:

You want records from the Philippine Statistics Authority (PSA) (national repository of civil registry documents), and
Where relevant, confirmation from the Local Civil Registrar (LCR) where an event (marriage, death, court decree registration) occurred.

Key point about PSA certificates

PSA issues certificates based on what has been registered and transmitted to the PSA database. If something is not registered or not yet transmitted, PSA output may not reflect it immediately. That’s why cross-checking with LCR can matter in edge cases.

The “Big 3” documents to request (and why)

1) PSA CENOMAR / Certificate of No Marriage Record

This is commonly used to show a person has no recorded marriage in PSA files.

What it helps with:

Initial screening: indicates no marriage record appears under that person’s details in PSA.

Its limitations (important):

It is only as accurate as the records and identifiers used (name spelling, data encoding, late registration, delayed transmission).
It can miss marriages that were:
- Not registered,
- Registered under materially different details,
- Recently registered but not yet reflected.

Best practice: request it yourself (don’t rely only on a photocopy given by the partner).

2) PSA Advisory on Marriages

If there is a recorded marriage history (or to verify more robustly), an Advisory on Marriages is often used to list marriage(s) appearing in PSA files.

What it helps with:

It can reveal one or more marriages tied to that person’s record—often more informative than a CENOMAR alone in cases with prior marriages.

Why this matters:

Someone may present a narrative (“annulled na”) but the advisory might still show an existing marriage with no annotation of nullity/annulment—meaning they may not yet be legally free to remarry.

3) PSA Marriage Certificate (if any marriage exists) — check for annotations

If the person has ever been married, obtain the PSA Marriage Certificate and scrutinize annotations.

What you are checking:

Whether the prior marriage has a court-decree annotation (for nullity/annulment) or is otherwise terminated (e.g., death of spouse doesn’t terminate the marriage certificate itself, but widowhood is proven via death certificate; still, annotations and linked documents matter).

Practical rule: If there was a prior marriage, don’t stop at “may decree.” Confirm it’s final and registered and reflected (often via annotation) in civil registry records.

Scenario-based checklists (what to demand and what “complete” looks like)

A) Partner claims: “Never married”

Minimum verification package:

PSA CENOMAR (requested directly by you if possible)
PSA Birth Certificate (to confirm identity details match what’s being searched)

Extra safeguards (if there are red flags):

Request CENOMAR under possible name variations (e.g., with/without middle name, common spelling variants), if feasible.
If the person lived long-term in a specific city/municipality, consider checking with the LCR for any record irregularities or late registrations (policies and access procedures vary).

B) Partner claims: “Separated” / “Hiwalay” / “Marriage is over”

In the Philippines, separation ≠ capacity to remarry.

What you need to see:

PSA Advisory on Marriages and/or PSA Marriage Certificate; and then:
Proof the marriage legally ended by one of the recognized routes:

If they claim annulment/nullity: Ask for a complete court-document set (not just one page):

Decision (or the court’s ruling)
Certificate of Finality
Entry of Judgment
Decree of Absolute Nullity or Decree of Annulment (as applicable)
Proof of registration of the decree/judgment with the LCR and transmittal to PSA
Updated PSA Marriage Certificate with annotation, when available/required by the process

Why “complete set” matters: A decision alone is not enough if it is not final, or if the required entries/registrations were not completed. Many remarriage problems come from incomplete post-judgment steps.

C) Partner is a widow/widower

You need to confirm the prior spouse’s death and identity linkage.

Documents to request:

PSA Marriage Certificate for the prior marriage
PSA Death Certificate of the prior spouse
IDs and details to ensure the death certificate is truly linked to the spouse in that marriage

Red flag to avoid: A partner produces a death certificate that doesn’t match the spouse in the marriage record (wrong name, different person, inconsistent details).

D) Partner says: “Divorced”

This is the most misunderstood area.

If the partner is a Filipino citizen and the prior spouse is also Filipino:

A foreign divorce generally does not automatically free a Filipino to remarry in the Philippines. Extreme caution is needed; usually, the person is still considered married in Philippine civil law unless a valid legal basis applies and is recognized/recorded.

If the marriage involved a foreign spouse and a divorce was validly obtained abroad by the foreign spouse:

Philippine practice often requires judicial recognition in the Philippines before the Filipino spouse is treated as capacitated to remarry, plus civil registry registration/annotation.

What you should ask for (practically):

Authenticated/official copy of the foreign divorce decree (and proof it is effective/final under the foreign law)
Proof of the foreign spouse’s citizenship at the time relevant to the divorce (context-dependent)
Philippine court case documents for judicial recognition (decision, finality, entry)
Proof the recognition and resulting civil registry actions were registered (LCR/PSA), often reflected by annotations on PSA records

Bottom line: “May divorce paper” is not enough; you want to see the Philippine-side recognition and registration trail.

E) Partner is a foreign national (or dual citizen)

For purposes of obtaining a marriage license in the Philippines, when a party is a foreign citizen, they typically must submit a Certificate of Legal Capacity to Contract Marriage issued by their diplomatic/consular office (Family Code, Art. 21).

What to do in addition:

Require the foreigner to provide official proof of their current civil status under their national law (that certificate is part of it).
If previously married: require divorce/death/nullity documents recognized as valid under their law, and consider having them verified through their embassy/consulate processes.

Note: Even if the foreigner is free under their law, you still protect yourself by ensuring there’s no Philippine record of a subsisting marriage that could complicate matters.

Step-by-step: a practical verification workflow

Step 1: Collect accurate identity details first

Ask for (and cross-check):

Full name (including middle name for Filipinos)
Date of birth
Place of birth
Parents’ full names
Prior addresses/cities (where a marriage might have been registered)
Any prior names/aliases (e.g., legitimation, adoption, correction of entries, use of second name)

Why this matters: record searches are only as good as the identifiers used.

Step 2: Request PSA civil registry documents (directly, if possible)

At minimum:

PSA Birth Certificate (of the partner)
PSA CENOMAR and/or Advisory on Marriages
If any marriage appears: PSA Marriage Certificate(s)

Best practice: you request these yourself so you’re not relying on a document that could be altered, outdated, or not authentic.

Step 3: If there is any prior marriage, verify legal termination + registration

Depending on the claim:

Widowhood → death certificate + matching marriage record
Annulment/nullity → court decrees + finality + entry + registration + annotated PSA record
Foreign divorce path → foreign decree + Philippine judicial recognition + registration/annotation

Do not proceed until the chain is complete.

Step 4: Cross-check with the Local Civil Registrar (when needed)

Consider LCR verification when:

PSA results seem inconsistent with credible facts,
You suspect late registration or delayed transmittal,
The prior event is known to have occurred in a specific locality.

LCR can confirm registration details, help identify what documents exist locally, and explain annotation/registration steps (procedures vary by locality).

Step 5: Watch for “document red flags”

Common warning signs include:

Refusal to provide identity details needed for PSA requests
“I lost the papers” for annulment/nullity but insists they’re free to marry
Producing only screenshots/photocopies with no way to independently source
Court documents with no clear proof of finality/entry or no registration trail
Inconsistencies between documents (names, dates, places, spouse identity)
Pressure to marry quickly or to skip the license/document process

Understanding the legal landscape: impediments that make a marriage void or risky

1) Bigamy risk (criminal)

If a person contracts a second marriage while the first is still valid and subsisting, it can constitute bigamy (RPC Art. 349), subject to legal nuances and defenses that depend heavily on facts and records. Practically, if the prior marriage is not clearly terminated and recorded, do not proceed.

2) Void vs. voidable marriages (basic orientation)

Void marriages are invalid from the start (e.g., prior existing marriage, certain prohibited relationships, lack of essential requisites).
Voidable marriages are valid until annulled (e.g., certain consent defects); they still require proper judicial action for termination.

For your purpose: if the partner has a prior marriage, you must confirm it is no longer legally subsisting.

Can you “secretly” check someone’s marital status?

Practical reality

Many people obtain PSA-issued civil registry documents through standard request channels. However, access requirements and acceptable requester relationships can vary depending on document type, implementation rules, and evolving privacy practices.

Safer approach

Treat this as a mutual transparency exercise:

Agree that both of you will exchange PSA documents
Request the documents independently where possible
Keep everything respectful and lawful

Data privacy note

Use civil registry documents only for legitimate purposes (like marriage planning) and handle them carefully—store securely, avoid unnecessary sharing, and redact sensitive details when not needed.

What if your partner refuses verification?

You can’t force cooperation, but you can set a boundary: no marriage plans without documentary proof of capacity. In Philippine conditions, that is a rational, protective standard—not an insult.

A simple, fair approach:

“Let’s both request our PSA CENOMAR/Advisory and birth certificates and exchange them.”
“If either of us had a prior marriage, we’ll show the complete termination documents and updated PSA annotations.”

If the answer stays evasive, consider it a serious risk indicator.

Quick reference: “What documents prove freedom to marry?” (Philippines)

Never married

PSA CENOMAR (+ birth certificate)

Previously married, now widowed

PSA marriage certificate (prior marriage)
PSA death certificate of spouse

Previously married, now annulled / declared void

Court decision + certificate of finality + entry of judgment
Decree of annulment/nullity
Proof of civil registry registration
PSA marriage certificate with annotation (when applicable/available)

Previously married with foreign spouse; divorce involved

Foreign divorce decree (final/effective)
Philippine judicial recognition (decision/finality/entry)
Proof of registration/annotation with civil registry/PSA

Practical “before you file a marriage license” checklist

✅ Both partners obtain PSA birth certificates
✅ Both obtain PSA CENOMAR and/or Advisory on Marriages
✅ If any marriage appears: obtain PSA marriage certificate(s)
✅ If prior marriage: obtain termination proof + finality + registration trail
✅ Confirm names/dates/places match across all documents
✅ Only then proceed with marriage license requirements

Final reminder

In the Philippines, the safest way to confirm a partner’s marital status is not by assurances, social media, or family statements—but by PSA records plus supporting termination documents and proper annotations/registrations when there is a prior marriage.

If you want, you can describe your partner’s situation (never married / separated / widowed / foreign divorce / foreign national), and the city/municipality where any prior event happened, and you’ll get a tailored document checklist and a “what to look for” guide for each paper.