A practical legal article (Philippine setting) on what you generally need, why you need it, and how the process works.

1) The governing rule: Philippine law requires a marriage license (almost always)

In the Philippines, the general rule is that a marriage license is a formal requirement before a marriage may be solemnized. This is rooted in the Family Code of the Philippines (Executive Order No. 209, as amended).

Key takeaway: If you plan to marry in the Philippines (civil, church, or other recognized ceremony), you will typically go through the Local Civil Registry to obtain a marriage license, even if one party is a foreign national.

Limited exceptions (license not required)

Philippine law recognizes narrow exceptions where a marriage may be valid even without a marriage license, such as:

Marriage in articulo mortis (one party at the point of death)
Marriage in remote places (under specific conditions)
Cohabitation for at least five (5) years with no legal impediment (commonly called an “Article 34 marriage”)
Certain marriages involving Muslims / ethnic cultural communities as governed by special laws

Important practical note: Even if an exception might apply on paper, many solemnizing officers and local civil registrars are conservative in applying them. For couples involving a foreigner, registrars often insist on strict documentary proof.

2) Where you apply: the Local Civil Registrar (LCR)

A marriage license application is filed with the Local Civil Registrar of the:

City/Municipality where either party habitually resides, typically shown through local address documentation.

What if the foreigner is only visiting (tourist)?

Foreigners marrying in the Philippines commonly apply where the Filipino party resides. The foreigner may need to show:

A Philippine address (even temporary), and/or
An affidavit or proof of local stay, depending on the LCR’s practice.

Because implementation varies per locality, expect the LCR to request additional documents beyond the bare minimum stated in the Family Code.

3) The core legal “must-haves” for a marriage license application

Under the Family Code framework, the marriage license process is built around:

A sworn application (signed before the LCR)
Proof of identity and age
Proof that there is no legal impediment to marry
A medical certificate (submitted to the LCR)
Posting / waiting period before issuance
Payment of fees

The posting / waiting period (why you can’t get it instantly)

After application, the LCR posts notice publicly for a statutory period (commonly understood as 10 consecutive days). Only after that does the LCR typically issue the license, assuming all requirements are complete and no legal impediment is discovered.

Validity of the marriage license

A Philippine marriage license is generally valid for 120 days from date of issue and may be used anywhere in the Philippines within that validity period.

4) Special requirement when one party is a foreigner: the “Certificate of Legal Capacity to Contract Marriage”

The rule

When either party is a foreign national, Philippine law generally requires that foreigner to present a Certificate of Legal Capacity to Contract Marriage issued by the proper diplomatic or consular official of the foreigner’s country in the Philippines.

This document is intended to show that, under the foreigner’s national law (and personal law principles), the foreigner:

is of legal age to marry, and
is not currently married (or is otherwise legally free to marry), and
has no impediment (e.g., prohibited degree of relationship).

The real-world complication: some embassies don’t issue a “certificate”

Some embassies/consulates do not issue an actual “Certificate of Legal Capacity” in that name. Instead, they may issue:

an affidavit executed by the foreigner (sometimes notarized/consularized), or
a country-specific “no impediment” letter, or
a consular authentication of the foreigner’s sworn statement.

Practical point: Whether an LCR will accept an alternative document is often discretionary. Many LCRs follow a strict checklist and may require the document in a format they recognize.

If the foreigner is stateless, a refugee, or cannot obtain consular certification

Philippine practice may allow substitutes (such as affidavits and supporting civil status records), but this is highly fact-specific and LCR-dependent. Couples in this situation should expect closer scrutiny.

5) Typical documentary checklist (foreigner + Filipino)

Below is a practical list of what Local Civil Registrars commonly require, with Philippine context.

A) Documents commonly required from the foreigner

Passport (original + photocopy; bio page and entry stamp/visa page often requested)
Birth certificate (often required; some LCRs insist it be authenticated)
Certificate of Legal Capacity to Contract Marriage (consular/diplomatic issuance)
If previously married: proof of termination of prior marriage, such as:
- Divorce decree / final judgment (for jurisdictions where divorce exists), or
- Death certificate of previous spouse, or
- Annulment/nullity decree (if that’s the applicable remedy)
Depending on LCR:
- Proof of address/stay in the Philippines,
- A “certificate of no marriage record” from home country (some registrars request this),
- Additional consular certifications.

B) Documents commonly required from the Filipino party

PSA birth certificate (issued by the Philippine Statistics Authority)
Valid government ID
CENOMAR (Certificate of No Marriage Record) or similar PSA certification
- Note: The Family Code speaks in terms of license requirements and capacity; the CENOMAR is a widely-used administrative proof required in practice by many LCRs.
If previously married:
- PSA marriage certificate of the prior marriage, and
- Court decree of annulment/nullity + proof of finality, and
- Proof of registration of the decree and related documents in the civil registry/PSA (implementation is crucial in practice)

C) Documents generally required from both parties

Marriage license application form (accomplished at LCR)
Medical certificate (submitted to LCR; content and clinic requirements vary by locality)
Community tax certificate (cedula) or similar local requirements (commonly requested)
Attendance in pre-marriage counseling / family planning seminar
- Many LGUs require a seminar certificate as part of local implementation, even if the format is not uniform nationwide.

Translation & authentication

If documents are not in English, an LCR may require an official translation.
Foreign civil documents are often required to be authenticated (commonly via apostille from the issuing country if applicable, or consular authentication depending on the circumstances and the document’s origin).

6) Age-based consent/advice rules still apply even if one party is foreign

Philippine rules on capacity by age apply to marriages celebrated in the Philippines:

18–21 years old: parental consent is generally required
21–25 years old: parental advice is generally required (or a sworn statement if advice is refused/not obtained)
25 and above: no parental consent/advice requirement

Failure to comply with the age-based requirements can have consequences (including delays in issuance and potential validity issues depending on the defect and circumstances).

7) Step-by-step process (typical timeline)

Step 1: Prepare documents

Foreigners should start early because the consular “legal capacity” document and prior-marriage termination records can take time.

Step 2: File application at the LCR

Appear in person (many LCRs require both parties to appear).
Submit documents, fill out forms, sign sworn statements, pay fees.

Step 3: Posting period

The LCR posts notice for the required period (commonly 10 days).

Step 4: Issuance of marriage license

If complete and no impediment is found, the LCR issues the license.

Step 5: Solemnization

Marriage is solemnized by an authorized solemnizing officer (judge, mayor, priest/minister/imam authorized per law, etc.).

Step 6: Registration of marriage certificate

The solemnizing officer (or parties, depending on arrangement) submits the marriage contract to the LCR for registration.
The record is later transmitted for PSA processing so you can obtain a PSA marriage certificate.

8) The “big risk” issues in foreigner-Filipino marriages

These are the recurring legal pitfalls that cause denials, delays, or future problems:

A) Prior marriage of either party (bigamy risk)

If the Filipino party has a prior marriage, you must ensure the prior marriage is legally ended under Philippine law and properly recorded. A common mistake is assuming that a foreign divorce automatically frees a Filipino to remarry in the Philippines.

B) Foreign divorce and the Filipino spouse (recognition issue)

As a general principle in Philippine practice:

A foreigner’s capacity to remarry is governed by their national law.
A Filipino’s capacity is governed by Philippine law, and foreign divorce affecting a Filipino’s capacity is typically not treated as self-executing in local records.

In many real cases, a Filipino who wishes to remarry after a foreign divorce needs judicial recognition of the foreign divorce in the Philippines and corresponding civil registry annotation before remarrying (or before the PSA records will properly reflect the capacity change). This is a frequent deal-breaker if not handled correctly.

C) Missing or unacceptable “legal capacity” documentation

If the LCR does not accept the foreigner’s consular documentation, the license will not be issued. This is often the single biggest point of friction because embassy practices differ widely.

D) Document authentication mismatch

Some LCRs strictly require apostilled/authenticated civil status records, while others are flexible. Couples can lose weeks if they arrive with documents the LCR will not accept.

9) What happens if you marry without meeting license requirements?

In general:

A marriage celebrated without a valid marriage license (and not falling under a legal exception) is typically treated as void under Philippine law principles.
“Irregularities” in the process (as opposed to total absence of a required element) can lead to administrative or other consequences and can create future evidentiary problems, even when the marriage itself may be presumed valid.

Because the consequences can be severe (property regime, legitimacy issues, immigration sponsorship, inheritance, etc.), couples should treat compliance as essential.

10) Frequently asked questions (FAQ)

Can a foreigner on a tourist visa get married in the Philippines?

Generally yes, immigration status alone does not automatically bar marriage, but the LCR may require proof of identity, lawful entry, and a local address, and may have additional requirements.

Do we need a “blood test”?

Philippine law requires submission of a medical certificate for the marriage license process. The specific medical tests vary by LGU and clinic practice.

Do we need a CENOMAR if one party is a foreigner?

The Filipino party is commonly required to submit a PSA CENOMAR (or equivalent PSA certification). The foreigner instead usually submits the Certificate of Legal Capacity (and sometimes additional civil status documents depending on the LCR).

How long until we can marry after applying?

Commonly: at least the posting period plus processing time. In practice, many couples plan around 2–4 weeks to allow for document review, posting, and scheduling with the solemnizing officer—sometimes longer if foreign documents need authentication.

Where do we get the PSA marriage certificate after the wedding?

After the marriage is registered and transmitted, the PSA can issue the PSA marriage certificate. Timing depends on transmission and PSA processing.

11) Practical “best practice” checklist (to avoid delays)

Contact the specific Local Civil Registrar where you will apply and request their foreigner marriage checklist (many have one-page lists).
Secure the foreigner’s consular legal capacity document early.
Bring originals + multiple photocopies of everything.
If previously married, compile complete proof of termination and (for Filipinos) ensure required Philippine annotations/recognition are handled.
If any document is not in English, prepare a certified translation.
Build time buffer for posting period and document review.

12) Final note (important)

This area is law-heavy and implementation-heavy: the Family Code provides the backbone, but Local Civil Registrars routinely apply additional administrative documentary requirements, especially for foreign nationals. When one party is foreign, the process often succeeds or fails on whether the LCR accepts the legal capacity documentation and how prior marriages/divorces are documented and recognized.

If you want, paste the foreigner’s nationality and whether either party was previously married (no names needed). I can map out the usual document path and common trouble points for that fact pattern.