For foreign nationals planning to tie the knot in the Philippines, the Certificate of Legal Capacity to Contract Marriage (CLCCM) is the most critical document in the pre-wedding checklist. Without it, a marriage license cannot be issued, and the ceremony cannot legally proceed.
Under Philippine law, specifically the Family Code, the state has a vested interest in ensuring that all parties entering into marriage possess the requisite legal standing to do so.
1. Legal Basis and Purpose
The requirement is rooted 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 marriage license can be obtained, to submit a certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officials."
The primary purpose of this document is to prove that the foreign national is:
- Of legal age (18 years or older).
- Not currently married to someone else (free to marry).
- Not disqualified by any legal impediment (such as prohibited degrees of relationship/incest).
2. Where to Obtain the Certificate
Unlike Filipino citizens who secure a CENOMAR (Certificate of No Marriage Record) from the Philippine Statistics Authority (PSA), foreigners must coordinate with their own country’s embassy or consulate located within the Philippines.
- Process: The foreign national must personally appear (in most cases) at their embassy in Manila or a designated consular office (e.g., Cebu or Davao).
- Affidavit in Lieu: Some countries (notably the United States) do not issue a formal "Certificate of Legal Capacity" but instead provide an Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage, which is legally accepted by Philippine Civil Registrars.
3. General Requirements
While each embassy has its own specific protocols, the following documents are typically required to secure the CLCCM:
| Document | Purpose |
|---|---|
| Valid Passport | To prove identity and citizenship. |
| Birth Certificate | To verify age and parentage. |
| Proof of Single Status | A document from the home country’s registry showing the person is not currently married. |
| Divorce Decree/Annulment Paper | If previously married, proof that the prior marriage was legally dissolved. |
| Death Certificate | If the foreign national is a widow/widower. |
| Payment of Consular Fees | Fees vary significantly depending on the embassy. |
4. The Process Flow
Securing the certificate is just the first step in a broader legal process:
- Embassy Appointment: Schedule an appointment with your respective embassy in the Philippines.
- Submission & Interview: Submit the required proofs of identity and civil status.
- Issuance: The embassy issues the CLCCM or the Affidavit in Lieu.
- Application for Marriage License: Take the CLCCM to the Local Civil Registrar (LCR) of the city or municipality where one of the parties habitually resides.
- 10-Day Posting Period: The LCR will post the notice of application for 10 consecutive days before issuing the actual Marriage License.
5. Important Legal Nuances
The "Apostille" Requirement
If your home country is a member of the Hague Apostille Convention, certain documents (like birth certificates or divorce decrees) may need to be "Apostillized" in your home country before the embassy in Manila will accept them.
Recognition of Foreign Divorce
The Philippines does not have a domestic divorce law (except for Muslims). However, Article 26 of the Family Code allows for the recognition of a foreign divorce. If a Filipino was previously married to a foreigner and they divorced abroad, the Filipino party must have that foreign divorce judicially recognized by a Philippine court before they can remarry. The foreigner, however, simply needs to prove their status via the CLCCM.
Stateless Persons
If the party is a stateless person or a refugee, Article 21 provides an alternative: they may submit an affidavit stating their legal capacity, which must be sworn before an official of the Department of Justice.
6. Summary for Applicants
- Validity: Most certificates are valid for only six months from the date of issue. Do not secure it too early.
- Translation: If your documents are not in English, they must usually be accompanied by a certified English translation.
- Personal Appearance: Most embassies require the foreign national to appear in person to sign the document in the presence of a consular officer.
Would you like me to draft a checklist of the specific documents needed for a Marriage License application once you have obtained this certificate?