Legal Capacity to Contract Marriage (LCCM) for Foreigners in the Philippines

Educational guide only, not legal advice. Requirements can vary by Local Civil Registry Office (LCRO) and by embassy/consulate.

1) What “LCCM” is and why it matters

Legal Capacity to Contract Marriage (LCCM) is a document issued by a foreigner’s embassy or consulate stating that, under the foreigner’s national law, they are free to marry (single, of marrying age, not otherwise disqualified). Under the Family Code, when either party is a foreign citizen, the LCRO will not issue a marriage license unless the foreigner presents a certificate of legal capacity from their diplomatic/consular officials. In short:

No LCCM ⇒ No marriage license, absent a narrow substitute accepted by the LCRO (see §6).
The LCCM proves capacity under the foreigner’s own law; the marriage license proves compliance with Philippine law.

The LCCM is a prerequisite to the license, not the marriage’s “capacity element” itself. But practically, you cannot proceed without it because the LCRO will refuse to issue the license.

2) Core legal ideas in play (plain-English map)

Lex nationalis for capacity: A person’s capacity to marry (e.g., age, freedom to marry, impediments) is generally measured by their own national law. The LCCM is how the LCRO verifies this for a foreigner.
Family Code compliance: Even if a foreigner has capacity under their national law, the marriage must also comply with Philippine essential/formal requisites (age ≥18, no bigamy, license issued, solemnizing officer with authority, witnesses, etc.).
Lack of license (except very limited statutory exceptions) makes a marriage void. The LCCM is a supporting document to obtain the license.
Prior marriages/divorce: If a foreigner was previously married, proof that the prior marriage is validly terminated under their national law is critical. If the Filipino party had a prior foreign divorce, that Filipino typically needs judicial recognition in the Philippines before re-marrying.

3) Who must secure the LCCM

Every foreign citizen marrying in the Philippines (civil or church rite) must typically present an LCCM to the LCRO as part of the marriage license application.
Dual citizens (foreign + Filipino): If marrying as a Filipino (with valid proof of Philippine citizenship), they follow Filipino rules and don’t need an LCCM. If marrying as a foreigner, the LCRO will ask for the LCCM.
Foreign residents and tourists alike need the LCCM if the marriage will be registered in the Philippines.

4) What the LCCM usually contains

Full name, sex, date/place of birth; current civil status (single/widowed/divorced).
Statement of legal capacity under the foreigner’s national law.
Passport details, residence, and sometimes parental information (if relevant under foreign law).
Date, place of issuance, and the issuing consular officer’s signature/seal.

Some embassies issue a “certificate of no impediment” (same concept). Others issue an “affidavit in lieu of legal capacity” (see §6).

5) Supporting documents foreign nationals should prepare

Expect to present originals (plus photocopies); non-English/Filipino documents generally need official translation:

Passport (bio page) and immigration document showing lawful stay.
Proof of civil status:
- Single: some LCROs accept the LCCM alone; others may ask for a foreign “single status” proof if your embassy’s LCCM does not explicitly say you’re single.
- Divorced: final divorce decree (and proof of finality if your system requires it).
- Widowed: spouse’s death certificate.
Apostille/consular authentication: Foreign documents used in the Philippines usually require apostille (or consularization if from a non-Apostille country).
Translations: If the decree/certificate is not in English or Filipino, provide a sworn/official translation, often apostilled as well.
For the Filipino partner: standard PSA documents (birth certificate, CENOMAR or annotated marriage record, etc.) and IDs as required by the LCRO.

6) When an embassy does not issue an LCCM

Some embassies do not issue an LCCM. Common workarounds:

Affidavit in Lieu of LCCM executed at the embassy/consulate (or before a Philippine notary if the LCRO allows), stating you are free to marry under your national law.
Additional documentary proof of single status per your national system (e.g., civil registry record), apostilled.
The LCRO has discretion to accept substitutes; requirements vary by city/municipality. When in doubt, ask the exact LCRO where you’ll apply for the license what they will accept.

Bring extra proof rather than risk refusal on filing day.

7) How the LCCM fits into the marriage license process

Appear at the LCRO (usually the city/municipality where either party resides) to apply for a marriage license.
Submit requirements: LCCM (foreigner) + standard LCRO checklist (IDs, birth/PSA docs, photos, etc.).
Posting period: LCRO posts the application for 10 consecutive days.
Pre-marriage seminar/counseling (often required; bring certificates).
License issuance: After posting and compliance, LCRO issues the marriage license.
Validity: The license is typically valid for 120 days nationwide from issuance; the marriage must be solemnized within that window.

8) Marrying in church vs civil ceremony

Church weddings (Catholic and other religions) still require a civil marriage license unless within very limited statutory exceptions. The church may also ask for the LCCM (or your embassy’s accepted substitute) before setting a date.
After the ceremony, the marriage certificate is registered with the LCRO and transmitted to the PSA.

9) Common issues and how to avoid them

Expired or “too old” documents: Time-limit rules differ; keep your LCCM and certificates recent (many LCROs want them issued within 6 months, sometimes less).
Divorce not final/recognized:
- For a foreigner’s own divorce, show the final decree (apostilled + translated if needed).
- If the Filipino party obtained a foreign divorce against a foreign spouse, seek judicial recognition in the Philippines (and PSA annotation) before applying.
Name/identity mismatches: Ensure consistent spelling across passport, decrees, birth records, and LCCM.
Embassy closed/away from your LCRO: Start with the embassy’s website or call center for their LCCM/affidavit procedure; book appointments early.
Document language: Arrange official translations in advance; private translations not sworn/apostilled are often rejected.
Non-apostilled papers: If your country is not in the Apostille Convention, secure consular legalization; otherwise the LCRO will refuse the document.
Age/consent rules: If under 21, parental consent is needed; 21–25, parental advice (non-compliance can delay issuance). Under 18 cannot marry.
Same-sex marriages: Not validly contracted under current Philippine law, even if the foreigner’s home law allows it; LCROs will not issue a license for this.

10) Step-by-step checklist for the foreigner

Confirm your embassy’s practice: LCCM vs affidavit in lieu; appointment, fees, lead time.
Gather status proof: divorce decree (final), death certificate, or single-status evidence; arrange apostille/consularization and translations.
Prepare identification: valid passport (and local immigration document if asked).
Coordinate with your fiancé(e) and the LCRO: verify local requirements and schedule the 10-day posting around your travel plans.
Attend seminars and submit complete papers; monitor the license validity (120 days).
Solemnization, registration, and PSA copies: After the ceremony, obtain PSA-certified copies for immigration, visa, and name-change purposes.

11) Special scenarios

Remote/proxy or shipboard weddings: Philippine law generally requires personal appearance before an authorized solemnizing officer; special cases are tightly limited.
Muslim or indigenous customary marriages: Separate substantive and formal rules may apply for parties within those jurisdictions; foreigners typically still need civil registration for PSA records and will be asked for LCCM equivalents when licensing/registration is processed.
Foreign marriages celebrated abroad: If you marry outside the Philippines, the LCCM is governed by the host country’s requirements; later, report the marriage to the Philippine Embassy/Consulate for PSA annotation if one party is Filipino.

12) Quick answers (FAQ)

Q: My embassy does not issue LCCMs—can I still marry? A: Usually yes, via an affidavit in lieu plus apostilled proof of civil status, if your LCRO accepts. Confirm with your LCRO before you travel.

Q: I am divorced abroad. Do I need a Philippine court order? A: If you are the foreigner, LCROs typically require your final divorce decree (apostilled/translated). If your Filipino partner was the one previously married to a foreigner and got a foreign divorce, they generally need judicial recognition of that divorce in the Philippines before a license will be issued.

Q: How long is the marriage license valid? A: 120 days from issuance; it can be used anywhere in the Philippines within that validity.

Q: Can I use a photocopy or scanned LCCM? A: LCROs expect original embassy/consular documents (or certified copies) with seal/signature; bring photocopies as well.

Q: Do I need a Filipino CENOMAR as a foreigner? A: No; that’s for the Filipino party. Your LCCM and status proofs cover your side.

13) Document prep matrix (printable)

For the foreigner

Passport (original + copy)
LCCM or Affidavit in Lieu (per embassy)
If divorced: final decree (+ apostille + translation if needed)
If widowed: spouse’s death cert (+ apostille/consularization + translation)
Proof of lawful stay (if requested)
2×2 photos (if LCRO asks)

For the Filipino partner

PSA birth cert & CENOMAR (or annotated marriage record if previously married)
Government IDs
Parental consent/advice if applicable
Pre-marriage seminar certificates

Both

LCRO application forms
Fees (license + certificates)
Schedule for 10-day posting & ceremony date within 120 days

Bottom line

For a foreigner marrying in the Philippines, the LCCM (or accepted substitute) is the gatekeeper to your marriage license. Secure it early, apostille/translate supporting papers as needed, verify the LCRO’s local checklist, and plan around the 10-day posting and 120-day license validity. With complete, properly authenticated documents, your license (and wedding) timeline stays on track.