Marriage in the Philippines is not merely a personal contract but a social institution governed by the Family Code of the Philippines. For foreigners wishing to wed in the country, the process involves specific legal hurdles designed to ensure compliance with both Philippine law and the laws of the foreigner's home country.

1. Legal Capacity: The Prerequisite

The most critical requirement for any foreigner marrying in the Philippines is proof of Legal Capacity to Contract Marriage. Under Article 21 of the Family Code, foreign citizens must provide a certificate issued by their respective diplomatic or consular officials.

The Certificate of Legal Capacity to Contract Marriage (LCCM)

This document serves as official confirmation from the foreigner’s government that there are no legal impediments to the marriage (e.g., the individual is not currently married or is of legal age).

Where to get it: The foreigner must apply for this at their embassy or consulate located within the Philippines.
Stateless Persons: If the individual is a stateless person or a refugee, an affidavit stating the circumstances of their legal capacity may be submitted in lieu of a certificate, subject to the approval of the Civil Registrar.

2. Essential and Formal Requisites

Beyond the LCCM, the marriage must satisfy the general requirements set forth in the Family Code:

Essential Requisites

Legal Capacity of the Contracting Parties: Both must be male and female, at least 18 years of age.
Consent Freely Given: Consent must be offered in the presence of the solemnizing officer.

Formal Requisites

Authority of the Solemnizing Officer: The marriage must be performed by an authorized individual (e.g., a member of the judiciary, a priest, rabbi, imam, or minister registered with the government).
A Valid Marriage License: Except in marriages of "exceptional character" (e.g., those living together for 5+ years), a license is mandatory.
Marriage Ceremony: The parties must appear personally before the solemnizing officer and declare that they take each other as husband and wife.

3. Obtaining the Marriage License

The couple must apply for a marriage license at the Local Civil Registrar (LCR) of the city or municipality where one of the parties habitually resides.

Documentary Requirements for Foreigners:

Passport: Original and photocopies of the data page and the page showing the latest arrival stamp.
Certificate of Legal Capacity to Contract Marriage: The original document issued by the embassy.
Birth Certificate: An official copy (often required to be apostilled or authenticated if not in English).
Proof of Marital Status:
If Divorced: A final Decree of Divorce (note: the Philippines only recognizes foreign divorces if they were validly obtained by the alien spouse).
If Widowed: Death certificate of the deceased spouse.
Parental Consent/Advice: Required if the foreigner is between 18–21 (consent) or 21–25 (advice).
Certificate of Attendance in Pre-Marriage Counseling: Often mandated by the local government unit.

The 10-Day Posting Period: Once the application is filed, a mandatory 10-day publication period follows. The license is issued only after this period to allow for any objections to the union.

4. The Marriage Registration Process

After the ceremony, the marriage must be recorded to be legally binding and recognized by the State.

Preparation of the Marriage Certificate: The solemnizing officer prepares the Marriage Certificate (Form No. 97), which is signed by the couple, the witnesses, and the officer.
Registration at the LCR: The solemnizing officer has fifteen (15) days from the date of the ceremony to submit the certificate to the Local Civil Registrar of the place where the marriage was celebrated.
Endorsement to the PSA: The LCR will then endorse the record to the Philippine Statistics Authority (PSA). Once processed, the couple can request an official PSA-authenticated Marriage Contract, which is the version required for visa applications or reporting the marriage to the foreigner's home country.

5. Important Legal Nuances

Recognition of Foreign Divorces: While the Philippines does not have a domestic divorce law (except for Muslims), it recognizes a divorce validly obtained abroad by a foreign spouse under Article 26 of the Family Code. However, this foreign judgment must be judicially recognized by a Philippine court before the Filipino spouse can remarry.
Prenuptial Agreements: If the couple wishes to maintain separate properties, a Marriage Settlement must be executed before the celebration of the marriage and recorded in the local civil registry.

Would you like me to draft a checklist of the specific documents required for a Marriage Settlement (Prenuptial Agreement) under Philippine law?