Last updated: November 11, 2025 (Philippine context). This article explains the governing law, documents, procedures, exemptions, and practical issues when a Filipino and a foreign national marry in the Philippines.
1) Governing Law & Basic Principles
Primary statute: The Family Code of the Philippines (E.O. 209, as amended).
Capacity to marry: Each party must be legally capable under Philippine law; the foreign national must also be capable under the law of their home country (“lex nationalii”). Proof of such capacity is ordinarily shown by a certificate or sworn statement issued or accepted by that foreigner’s embassy/consulate.
Minimum age: 18 years old. No person below 18 may marry.
Parental role (Filipino side):
- 18–20: Written parental consent required.
- 21–25: Parental advice required (if absent or unfavorable, the license is delayed).
Form of marriage: Civil or religious. Both produce the same civil effects if the ceremony is valid and registered.
Where valid: A marriage validly celebrated in the Philippines is generally valid worldwide unless a ground for nullity/annulment exists.
2) Core Documentary Requirements
For the Filipino citizen
PSA-issued Birth Certificate (security paper).
PSA CENOMAR (Certificate of No Marriage) or PSA Advisory on Marriages if previously married.
Valid government ID (with photo and signature).
Parental consent/advice (if 18–25; see above).
If previously married:
- PSA Death Certificate of the deceased spouse (if widowed); or
- Court Decree of Nullity/Annulment (final and executory); or
- Judicial recognition of a foreign divorce (if the foreign spouse obtained the divorce; recognition is by Philippine court before the Filipino is treated as “single” again for purposes of a new marriage).
For the foreign national
Passport (bio page) and, if separately required by the local civil registrar (LCRO), proof of lawful stay in the Philippines (e.g., valid visa).
Proof of legal capacity to marry under home-country law, typically one of the following:
- “Certificate/Legal Capacity to Contract Marriage (LCCM)” issued by the embassy/consulate; or
- Sworn Affidavit of Capacity/Single Status executed before the embassy/consulate or a Philippine notary (accepted by many LGUs if the embassy does not issue LCCMs).
If previously married:
- Final divorce decree/death certificate/annulment decree as applicable.
- Apostille (or consular authentication) of foreign-issued civil status documents; official translation if not in English.
Other local requirements occasionally asked by particular LCROs (e.g., recent ID photos). These are administrative—not statutory—but you must comply with the LCRO’s checklist.
Apostille note: The Philippines honors Apostilles. If the foreigner’s country is not in the Apostille Convention, have the documents consularized by the Philippine Embassy/Consulate in that country.
3) The Marriage License
- Where to apply: The Local Civil Registrar (LCRO) of the city/municipality where either party habitually resides (often the Filipino party).
- Appearance: Both parties typically appear personally (check if the LCRO allows one-time appearance with a Special Power of Attorney in exceptional cases).
- Publication/Posting: The LCRO posts notice for 10 consecutive days.
- Validity: The license is valid for 120 days from issuance, anywhere in the Philippines.
- Seminars: LCROs require pre-marriage counseling/family planning seminars (civil weddings). For Catholic weddings, Pre-Cana or equivalent church seminars are standard.
- Fees: Pay the LCRO fees and seminar fees (amounts vary by LGU).
License Exemptions (limited, use with care)
No license is required for:
- Cohabitation for at least 5 years (both at least 18, not otherwise disqualified, and the relationship was as “husband and wife” without legal impediment) — often called the “Article 34” marriage; strict affidavits required.
- In articulo mortis (at the point of death) marriages under specific conditions.
- Certain indigenous cultural communities and religious sects under specific circumstances recognized by law. Even if exempt from a license, registration of the marriage remains mandatory.
4) Choosing and Validating the Officiant
Authorized solemnizing officers in the Philippines include:
- Judges (within their jurisdiction),
- City/Municipal Mayors,
- Priests/Ministers/Rabbis/Imams duly authorized and registered with the civil registrar general (and, for church weddings, with the diocesan/organizational requirements),
- Ship captains/pilots are not general solemnizing officers (common misconception); very narrow emergency cases exist under law for military commanders in zones of operations in articulo mortis. Confirm your chosen officiant’s authority and registration before the ceremony.
5) The Wedding Day: Formal Requisites
To be valid, a Philippine marriage requires:
- Legal capacity of the contracting parties.
- Consent freely given in the presence of the solemnizing officer.
- Authority of the solemnizing officer.
- Marriage license (unless validly exempt).
- A ceremony where the parties personally appear, exchange consent, and sign the marriage certificate with two witnesses of legal age.
6) Registration After the Ceremony
- The solemnizing officer must submit the signed marriage certificate to the LCRO for registration (generally within 15 days of the ceremony).
- Obtain certified copies from the LCRO; the PSA (Philippine Statistics Authority) will later issue the PSA marriage certificate once transmitted/encoded nationally (this can take several weeks).
- Accuracy check: Ensure all names, dates, passport numbers, and document references are correct before filing.
7) Church (Canon Law) vs. Civil Requirements
- Civil effects arise from valid civil registration, whether the ceremony was civil or religious.
- Catholic/other religious ceremonies have additional ecclesiastical paperwork (baptismal/confirmation certificates, canonical interview, publication of banns, dispensations for mixed religion, etc.). These are on top of civil requirements; the LCRO still needs the civil license (unless a statutory exemption applies) and the marriage must be registered.
8) Special/Complex Scenarios
A) Foreign divorce & Article 26(2)
- If the prior marriage was between a Filipino and a foreigner, and a valid foreign divorce was obtained by the foreign spouse, the Filipino is allowed to remarry under Philippine law after obtaining judicial recognition of that foreign divorce in a Philippine court. Without court recognition, the Filipino’s civil status remains “married” in Philippine records.
B) Widowed parties
- No sex-based “waiting period” exists. Provide the death certificate (PSA for Filipino; apostilled/consularized for foreigner).
C) Name changes and identity consistency
- If either party has changed names abroad (e.g., by deed poll), present apostilled proof and use consistent spellings across all documents.
D) Prenuptial (Marriage) Settlements
- Philippine default property regime is Absolute Community of Property (all property owned before and acquired during marriage becomes community property, with notable exclusions).
- To opt out (e.g., Separation of Property or Conjugal Partnership), execute a marriage settlement (prenuptial agreement) before the wedding, in writing, duly notarized, and ideally registered with the appropriate registries (and presented to the church/LCRO as part of your packet).
E) Foreign documents & translations
- Any non-English/Filipino document should carry a sworn translation by a qualified translator, attached to the apostilled/consularized original.
F) Muslim and indigenous marriages
- PD 1083 (Code of Muslim Personal Laws) allows marriages under Islamic law among qualified persons, administered by proper Muslim authorities and registered. Requirements differ (e.g., wali, mahr). For intercultural marriages, coordinate with both the Shari’a system and the LCRO for registration.
- Indigenous cultural communities may celebrate customary marriages recognized by law; civil registration is still crucial for civil effects.
9) Step-by-Step: Typical Civil Wedding with a Foreigner
Gather documents.
- Filipino: PSA birth certificate, PSA CENOMAR/advisory, valid ID, parental consent/advice if applicable.
- Foreigner: Passport, LCCM or sworn affidavit of capacity, apostilled divorce decree/death certificate (if applicable), translations.
Attend seminars. (LCRO or church, as applicable.)
Apply for a marriage license at the LCRO (city/municipality of either party’s residence). Pay fees; start the 10-day posting.
Receive the license (valid 120 days).
Hold the ceremony (civil or religious) with two witnesses; sign the certificates.
Registration by the officiant with the LCRO; later secure certified copies and ultimately a PSA marriage certificate.
10) Immigration & Post-Marriage (Brief Overview)
Although immigration is separate from marriage validity, couples often need to plan:
- Foreigner’s stay: Tourist visas can be extended; for long-term residence, some nationals may qualify for a 13(a) resident visa (marriage to a Filipino, subject to reciprocity and Bureau of Immigration rules). Others explore special resident categories or work visas.
- Travel with spouse: A foreign spouse of a Filipino arriving with or following the Filipino spouse may be eligible for certain balikbayan privileges (entry benefits), subject to airline and border rules.
- CFO Guidance Counseling: Filipino spouses/partners leaving the Philippines to join a foreign partner abroad typically require a CFO certificate/sticker after attending Guidance and Counseling; airlines/immigration check this.
Always verify current Bureau of Immigration and CFO rules before travel or applications.
11) Common Pitfalls & Practical Tips
- Using an affidavit when an LCCM is preferred: Many LCROs still prefer an embassy-issued LCCM. If your embassy does not issue LCCMs, bring written confirmation and be ready with a notarized affidavit.
- Unrecognized foreign divorce: If the Filipino previously married a foreigner and the foreigner divorced them abroad, do not proceed to marry until a Philippine court recognizes that foreign divorce.
- Expired license: The 120-day clock runs fast—schedule the ceremony in time.
- Name inconsistencies: Ensure exact spellings across passports, birth certificates, and forms.
- Document legalization: Apostille/consularization and translation issues cause the most delays—prepare early.
- Officiant authority: Confirm the solemnizing officer’s authority and registration in advance.
- Seminars: Some LGUs/churches require multiple sessions; book them early.
12) Grounds Affecting Validity (At a Glance)
- Void marriages include: one party below 18, no authority of the solemnizing officer (subject to putative spouse protection), no marriage license (unless a valid statutory exemption), bigamous/polygamous marriages (unless prior marriage terminated/recognized), incestuous marriages (e.g., within certain degrees).
- Voidable marriages include: lack of parental consent for 18–20, insanity at the time of marriage, fraud, force or intimidation, impotence, certain STDs (as defined), subject to time limits and ratification rules.
13) Frequently Asked Questions
Q1: Can we marry in a city where neither of us lives? Yes, but you still obtain the license from the LCRO of the residence of either party. The ceremony may take place anywhere in the Philippines (within the officiant’s jurisdiction, if applicable).
Q2: Do we need an NBI or police clearance? Not required by statute for marriage. Some LCROs may have administrative checklists; follow the posted requirements.
Q3: Are ship captains allowed to marry us at sea? As a rule in the Philippines, no. This is a persistent myth. Use authorized officers listed above.
Q4: How long before our PSA marriage certificate is available? After LCRO registration, PSA issuance can take several weeks (sometimes longer, depending on transmission/encoding).
Q5: We lived together for five years—can we skip the license? Possibly under Article 34, but expect strict affidavits and scrutiny that the cohabitation was continuous, as husband and wife, without legal impediment, and that both were at least 18 throughout.
14) Checklist (Print-Friendly)
Filipino:
- PSA Birth Certificate
- PSA CENOMAR / Advisory on Marriages
- Valid government ID
- Parental consent/advice (18–25)
- If previously married: PSA death certificate / final annulment/nullity decree / court recognition of foreign divorce
Foreigner:
- Passport
- LCCM (or embassy-accepted affidavit of capacity)
- Apostilled/consularized divorce decree or death certificate (with translations if needed)
- Any LCRO-specific admin items (ID photos, forms, fees)
Both:
- Pre-marriage seminar certificate(s)
- Marriage license (unless exempt)
- Two witnesses of legal age for the ceremony
15) Final Notes
- Local practice varies. LCROs and churches may prescribe additional administrative steps or formats for affidavits and translations. Always verify the specific LCRO and church checklist where you’ll marry.
- This article is for general information on Philippine legal requirements for marrying a foreigner. For special cases (recognition of foreign divorce, capacity questions, complex immigration plans), consult a Philippine lawyer and coordinate with the relevant embassy/consulate and government offices.