Legal Capacity to Marry: Requirements for Foreign Nationals in the Philippines
(Complete guide as of 2025)

1. Why “legal capacity” matters

Under Article 21 of the Family Code and the private‑international‑law principle of lex nationalis, a person’s capacity to marry is governed by his or her own national law, even if the ceremony is held in the Philippines. Because local civil registrars have no way to verify every foreign statute, they require proof—commonly called a Certificate (or Affidavit) of Legal Capacity to Contract Marriage (CLCCM). Without it, the marriage‑license application will be rejected and any wedding solemnized could later be attacked as void ab initio for absence of a valid license (Art. 3 & 4, Family Code).

2. Core legal sources

Instrument	Key provisions relevant to foreigners
Family Code of the Philippines (E.O. 209, 1987)	Art. 1–4 (formal requisites), Art. 21 (capacity governed by national law), Art. 35(3) (invalidity for lack of license), Art. 26 ¶2 (recognition of foreign divorce)
Civil Code (Art. 15)	Nationality principle on “status, condition and legal capacity”
Act No. 3753 (Civil Registry Law) & PSA‑LCRO regs	Marriage‑license paperwork, 10‑day publication, reporting requirements
Anti‑Mail‑Order‑Spouse Act (R.A. 10906) & Anti‑Trafficking in Persons Act (R.A. 9208, as amended)	Heightened scrutiny where a foreigner is involved
CFO Rules on Guidance & Counseling Program	Mandatory certificate before a Filipino may leave the country to join a foreign spouse/fiancé(e)

(Plus each embassy’s own rules on issuing a CLCCM.)

3. Documentary checklist for the foreign applicant

CLCCM issued by the embassy/consulate or a notarized Affidavit of Legal Capacity (followed by DFA apostille) where the embassy neither issues nor certifies.
Valid passport (bio page + latest entry stamp/visa).
Proof of civil status under home law:
- Single → embassy confirmation or national‑registry “Certificate of No Marriage” (if available)
- Divorced → certified divorce decree + court docket sheet; translated & apostilled
- Annulled → annulment decree/final judgment
- Widowed → spouse’s death certificate
Birth certificate (foreign or PSA copy if dual citizen).
Parental consent/advice for 18‑20 / 21‑25 yrs (Arts. 14‑16).
Joint affidavit of cohabitation (if applying for a license‑less marriage under Art. 34).
Pre‑marriage seminar certificates (Family Planning & Responsible Parenthood).
CFO Guidance & Counseling Certificate (for the Filipino partner; shown to BI on departure).

Practical note: Local Civil Registry Offices (LCROs) differ in strictness. Some insist on additional ID photos, immigration clearance, or a Barangay Certificate confirming residence for the 10‑day posting period.

4. Getting the CLCCM

Step	Typical embassy procedure*
Book appointment	Online portal / e‑mail
Appear personally	Present passport, proof of status, fill out sworn form
Pay fee	USD 50–100 equivalent
Processing	Same day to 5 working days
Receive certificate	Often with official seal & signature

* Embassies of the U.S., U.K., Australia, Japan, South Korea, Germany, etc. follow roughly this flow but differ in wording and validity period (usually 3 or 6 months).

If no CLCCM is issued: Execute an Affidavit of Legal Capacity before a Philippine notary, then have it apostilled by the DFA. Several LGUs also require a certification from the embassy that it does not issue CLCCMs.

5. Applying for the marriage license

File jointly before the LCRO of the Filipino’s residence.
Submit documents + accomplished Application for Marriage License (Form 90).
Pay fees (₱150–2,000 depending on city).
Ten‑day posting: LCRO posts the notice on its bulletin board; anyone may oppose.
Release of license on the 11th day (valid 120 days nationwide).

Exemptions from a license (Arts. 27‑34, e.g., marriage in articulo mortis, Muslim or ethnic customary rites) rarely apply to foreigners and still require proof of capacity.

6. Day of the wedding

Officiant must be a person authorized under Art. 7.
At least two witnesses of legal age.
Sign the Certificate of Marriage (Form 97).
Officiant registers the certificate with the LCRO within 15 days (30 days if a consul abroad).

7. After the ceremony: immigration & reporting

Purpose	Typical action
Immigration status	Apply for a 13(a) probationary resident visa (if spouse is Filipino) or 9(g) work visa, etc.
Report of marriage to foreign spouse’s state	Submit PSA‑certified copy through the embassy for recognition back home
Update BI ACR‑I Card	If already holding long‑stay visa

8. Special situations & jurisprudential pointers

Divorced foreigner + Filipino: marriage is valid here once license is issued; if the couple later divorces abroad, the Filipino may remarry only after obtaining Philippine judicial recognition of that divorce (SC Republic v. Cañete, G.R. No. 208469, Feb 10 2021).
Same‑sex foreigner + Filipino: still not allowed, as Art. 1 limits marriage to a man and a woman.
Proxy marriages abroad are not recognised locally (Estate of Ilagan v. Court of Appeals, 1994).
Bigamy: Foreign divorce unrecognised in PH does not terminate prior marriage for purposes of Art. 349 Revised Penal Code (People v. Cagadas, 2023).

9. Compliance pitfalls

Pitfall	Consequence
No CLCCM / forged affidavit	LCRO refuses license or PSA later annotates marriage as defective; possible criminal liability for perjury & falsification
Marrying while tourist visa is about to expire	Overstay fines (₱500+/day) and risk of exclusion when applying for 13(a)
Failure to attend CFO program	Filipino spouse/fiancé(e) off‑loaded at airport
Skipping 10‑day posting	License issued but marriage void under Art. 35(3)

10. Practical tips for foreign applicants (2025)

Start early. Some embassies require an appointment 4–6 weeks in advance.
Bring certified translations for any non‑English document before coming to PH; DFA apostille services have long queues.
Use the same spelling of your name across all papers (passport, affidavit, marriage forms) to avoid PSA annotation.
Attend seminars together; many LGUs release the certificate on the seminar day, saving a second trip.
Keep digital and hard copies. You will need them for BI, Social Security, insurance, and estate planning.

11. Conclusion

For foreign nationals, proving legal capacity to marry is the lynchpin of a valid Philippine wedding. The process is primarily administrative—securing a CLCCM or its equivalent and navigating LCRO formalities—but it is grounded on the interplay of:

the nationality principle (your home law decides whether you are free to marry),
the territorial principle (Philippine law dictates the ceremony’s form), and
a patchwork of protective statutes against exploitation.

Meticulous paperwork, truthful declarations, and respect for both legal systems will ensure that your Philippine marriage stands the test of time—and of courts—wherever life takes you.