Required Documents for Marriage License for Non-Filipino Citizens

Below is a comprehensive legal-style overview of the required documents for a marriage license for non-Filipino citizens in the Philippines, based on the Philippine Family Code, Civil Code principles, and common practice of local civil registry offices (LCROs).


I. Legal Framework

  1. Family Code of the Philippines

    • Governs the formal and essential requisites of marriage, including marriage licenses.
    • Articles 9–21 deal with marriage licenses, their issuance, and exemptions.
    • A civil registrar (through the city/municipal LCRO) issues the marriage license.
  2. Civil Code on Conflict of Laws

    • Capacity to marry is generally governed by the national law of each party.
    • For a foreigner, Philippine authorities usually require proof from that foreigner’s home country that they are legally allowed to marry.
  3. Local Government/LCRO Regulations

    • Cities and municipalities may issue implementing rules or checklists.
    • While the legal core is national, exact documentary requirements and formats can differ slightly by locality, so couples must always confirm with the specific LCRO.
  4. International Documents and Apostille

    • The Philippines is a party to the Apostille Convention, meaning foreign public documents usually need:

      • An apostille from the foreign country (if it’s also a party), or
      • Consular legalization if the country is not part of the Convention.
    • Documents in foreign languages typically require official translation into English or Filipino.


II. Who Needs a Marriage License?

A marriage license is generally required for civil or church weddings in the Philippines, except for specific exemptions in the Family Code (e.g., marriages in articulo mortis, certain cohabiting couples, Muslim or customary law marriages in certain contexts).

For purposes of this article:

  • Non-Filipino citizens marrying in the Philippines (either to a Filipino or another foreigner) will almost always need a marriage license from the LCRO, unless a narrow statutory exemption clearly applies.

III. General Documentary Requirements (For All Applicants)

These requirements apply to both Filipinos and foreigners, with certain nuances for non-Filipinos.

  1. Application Form for Marriage License

    • Accomplished at the Local Civil Registry Office of:

      • The city/municipality where either party habitually resides.
    • Both parties usually sign personally, often under oath before the civil registrar or an authorized officer.

  2. Proof of Identity and Age

    • Typically:

      • For Filipinos: PSA-issued birth certificate or equivalent.
      • For foreigners: passport and/or foreign birth certificate.
    • Purpose:

      • Confirm age (must be at least 18).
      • Confirm civil status and spelling of names.
  3. Proof of Civil Status (Single, Widowed, Divorced, Annulled)

    • For Filipinos: Certificates like CENOMAR from PSA.
    • For foreigners: Equivalent documents (discussed in detail below).
    • If previously married, proof that the prior marriage has ended validly and finally is essential.
  4. Parental Consent or Parental Advice (If Required by Age)

    • Under the Family Code:

      • 18–20 years old: Needs parental consent.
      • 21–25 years old: Needs parental advice.
    • This applies regardless of nationality, as age rules are part of the formal requisites under Philippine law, though questions of capacity also involve the foreigner’s national law.

  5. Pre-Marriage Seminar / Family Planning or Counseling Certificates

    • Most LCROs will require:

      • Attendance in a pre-marriage counseling seminar, and
      • Sometimes a family planning seminar (often conducted by the local health or social welfare office).
    • Certificates of attendance are issued and must be submitted.

  6. Processing Fee

    • A license fee and/or documentary stamp taxes are paid to the city/municipal treasurer.
    • Amount varies by locality.

IV. Additional Documentary Requirements for Non-Filipino Citizens

Beyond the general requirements, foreign nationals are typically required to submit more documents. Names of documents can vary by embassy and LCRO, but core concepts are common.

1. Valid Passport

  • Primary identity and age document.

  • Used to:

    • Verify full name, date of birth, nationality, and photo.
    • Confirm lawful entry/immigration status (with Philippine entry stamp or visa).

Some LCROs may require photocopies of relevant passport pages (bio page and latest arrival stamp), sometimes authenticated or notarized.


2. Certificate of Legal Capacity / No Impediment to Marry

This is the single most important additional document for foreign nationals.

  • Rationale:

    • Under conflict of laws, a person’s capacity to marry is governed by their national law.
    • Philippine authorities need proof that, under that foreign law, the foreigner is free and legally able to marry.

Common names:

  • “Certificate of Legal Capacity to Contract Marriage”
  • “Certificate of No Impediment” or “Certificate of No Objection”
  • “Single Status Certificate” (depending on the country)
  • “Affidavit in Lieu of a Certificate of Legal Capacity to Marry” (used by some embassies whose governments do not issue formal certificates)

Key points:

  1. Issuing Authority

    • Usually issued by the embassy or consulate of the foreigner’s country.
    • Sometimes issued by a competent civil registry or court from the home country, then apostilled/legalized.
  2. Embassies That Do Not Issue Formal Certificates

    • For some nationalities, the embassy does not issue an official certificate but allows the citizen to execute a sworn affidavit before a consular officer instead.
    • This affidavit (often called “Affidavit in Lieu of…” or similar) is then presented to the LCRO, which may accept it as sufficient proof.
  3. Content

    • Typically states that:

      • The foreigner is of legal age under their national law.
      • They are single, widowed, or legally divorced/annulled, as the case may be.
      • There is no legal impediment to their marriage to the named partner.
  4. Philippine Law Perspective

    • Though the Family Code does not explicitly list this document by name, LCROs require it in practice in order to comply with the rule that capacity must be determined under the foreigner’s national law and to avoid invalid or bigamous marriages.

3. Foreign Birth Certificate or Equivalent Civil Registry Document

  • Some LCROs may require a birth certificate issued by the foreigner’s home civil registry (in addition to the passport).

  • Requirements:

    • Must often be apostilled or legalized.
    • Must be in English or Filipino, or accompanied by an official translation.

This helps confirm parentage (for parental consent/advice requirements) and exact name and birth details.


4. Evidence of Termination of Prior Marriage

If the foreigner was previously married, the LCRO will require proof that the prior marriage has been legally and finally dissolved.

Documents may include:

  1. Divorce Decree / Judgment of Divorce

    • Must be final and executory under the foreigner’s national law.

    • Often must be:

      • Certified, and
      • Apostilled or legalized, and
      • Translated if not in English or Filipino.
  2. Annulment / Nullity Decree

    • If the previous marriage was annulled or declared void, a court judgment and accompanying finality certificate or equivalent are required.
  3. Death Certificate of Former Spouse

    • If widowed, an official death certificate issued by the civil registry of the place where the death occurred.
    • Again, typically apostilled/legalized and, if necessary, translated.

Special Philippine considerations:

  • For Filipino citizens who obtained a foreign divorce, there must usually be a Philippine court decision recognizing the foreign divorce before they can validly remarry in the Philippines.
  • For foreigners, foreign divorces are generally recognized for them, but the LCRO still examines documentation to ensure there is no legal impediment.

5. Proof of Immigration Status / Entry

While not always listed as a “core” formal requisite, many LCROs will ask the foreigner for:

  • Photocopies of the passport page showing:

    • Latest Philippine entry stamp, and/or
    • Philippine visa, or
    • Alien Certificate of Registration (ACR I-Card) if they are residents.

The purpose is to ensure that the foreigner is physically in the Philippines legally when they apply for the marriage license and to verify their address or place of habitual residence (relevant for determining the proper LCRO).


6. Parental Consent / Parental Advice for Foreigners of Certain Ages

Under the Family Code’s formal requirements:

  • 18–20 years old:

    • Must submit written parental consent, often in the form of a notarized document and, if executed abroad, apostilled/legalized.
  • 21–25 years old:

    • Must obtain parental advice, usually a written statement of their parents’ advice on the intended marriage.

For foreigners:

  • If the document is executed abroad:

    • It may need:

      • Notarization or execution before a consular officer.
      • Apostille or consular legalization.
      • Translation if not in English or Filipino.
  • LCROs may be stricter due to the need to verify authenticity.

Failure to comply with parental consent/advice rules can have consequences under Philippine law (e.g., delay in license issuance, or in some cases grounds affecting the marriage’s validity or causing administrative issues).


7. Pre-Marriage Seminar Certificates (For Foreigners)

Foreigners are usually not exempt from mandatory pre-marriage counseling or family planning seminars, particularly when marrying a Filipino citizen.

  • The foreigner and Filipino partner often must attend together.
  • Certificates issued are then submitted as part of the license application.

Some LCROs may accept equivalent certificates if the foreigner attended a similar program elsewhere, but this depends on local policy; many insist on attendance at local seminars.


8. Additional Church or Religious Requirements (If Applicable)

These are not requirements for the marriage license itself, but they overlap in practice because:

  • If the couple is having a church wedding, the officiating church may require:

    • Baptismal certificate, confirmation certificate, and
    • A certificate of freedom to marry for the foreigner from their parish or ecclesiastical authority.
    • Marriage banns and related canonical forms.

For legal purposes:

  • Only the civil requirements are relevant to the marriage license.
  • However, couples should be aware that if they plan a religious wedding, church requirements can be more extensive than the civil ones.

V. Process of Applying for a Marriage License (With a Foreign Applicant)

  1. Determine the Proper LCRO

    • Under the Family Code, application is made at the LCRO of the city or municipality where either party habitually resides.
    • If one party is a Filipino resident, this is straightforward.
    • If both are foreigners residing in the Philippines, they can generally apply where either is a resident.
  2. Gather All Documents

    • For the foreigner:

      • Passport (with photocopies).
      • Birth certificate (if required).
      • Certificate of legal capacity/no impediment.
      • Divorce/annulment/death documents, if previously married.
      • Parental consent/advice if in the age range.
      • Proof of address and legal stay (visa, ACR I-Card, etc.).
    • For the Filipino (if any):

      • PSA birth certificate.
      • CENOMAR (if never married) or PSA marriage and annotated documents (if previously married and now annulled, etc.).
      • Valid ID(s).
      • Pre-marriage seminar certificates (for both parties).
  3. Execute and File the Application

    • Both parties usually appear personally and sign sworn statements in the application form.
    • Some LCROs may allow the foreigner to sign earlier or submit notarized documents if they cannot appear at the same time, but personal appearance is often expected.
  4. Posting of the Application

    • The Family Code provides for a 10-day posting period, during which the application is posted on a public bulletin board at the LCRO.
    • This is intended to allow any legal objections or information about impediments to be brought forward.
  5. Issuance and Validity of the Marriage License

    • After the posting period and upon finding no impediment, the LCRO issues the marriage license.
    • The license is generally valid within the Philippines for a limited period (commonly 120 days from the date of issuance).
    • If not used within the validity period, a new application and set of documents may be required.
  6. Use of the License

    • The license is presented to the officiant (civil registrar, judge, priest, minister, imam, or religious head) who will solemnize the marriage.
    • After the ceremonial marriage, the marriage certificate is registered with the LCRO and transmitted to the national registry.

VI. Special Situations and Common Issues for Foreigners

1. Foreigners Whose Countries Do Not Recognize Divorce / Have Complex Family Laws

For nationals of countries with no divorce or special family-law regimes:

  • The LCRO may be strict in requiring:

    • Clear proof of being single, or
    • Other official certification that the person is free to marry according to their national law.
  • If the foreigner claims a prior marriage is void or dissolved according to special customs or religious tribunals, documentation must be sufficiently official and understandable for Philippine authorities.

2. Previously Married to a Filipino/Foreigner in the Philippines

If the foreigner was previously married in the Philippines:

  • The LCRO will likely check PSA records.

  • If the prior marriage ended abroad (e.g., foreign divorce), there may be questions about:

    • Recognition of that foreign divorce,
    • Potential issues of bigamy or overlapping marriages.

The foreigner must present clear documentation of the dissolution of the prior marriage.

3. Stateless Persons or Refugees

For stateless persons, refugees, or those with unclear nationality:

  • The usual rule that capacity is governed by national law becomes complicated.

  • They may need:

    • Documentation from the UNHCR or host country authority about their legal status and capacity to marry.
    • Additional affidavits or certifications.
  • LCROs may require legal opinion or higher-level guidance in such cases; procedures may be more discretionary and case-specific.

4. Former Filipinos Who Are Now Foreign Citizens

If a person was Filipino but has acquired foreign citizenship:

  • For purposes of capacity to marry, they might now be treated as foreign nationals; however, Philippine law and LCRO practice can be nuanced.

  • They may be asked to present:

    • Proof of current foreign citizenship (e.g., foreign passport).
    • Proof of loss or renunciation of Philippine citizenship (if applicable).
    • Civil registry documents from both countries.
  • Their prior civil status in Philippine records (e.g., an existing recorded marriage) will still matter.

5. Same-Sex Couples

As of the latest widely known legal framework:

  • Same-sex marriage is not yet recognized under Philippine law.
  • LCROs do not issue marriage licenses for same-sex couples for purposes of a civil marriage in the Philippines.
  • A foreign same-sex marriage might have certain effects abroad, but within the Philippines it is not treated as a valid marriage under current statutes.

VII. Translation, Apostille, and Legalization

When foreign documents are submitted:

  1. Language

    • Documents in any language other than English or Filipino typically require official translation by:

      • A certified translator, or
      • The embassy/consulate.
  2. Authentication

    • Documents must be apostilled if the issuing country and the Philippines are both parties to the Apostille Convention.

    • If not:

      • Traditional consular legalization is required:

        • First authenticated by the foreign country’s foreign affairs office, then
        • Legalized by the Philippine Embassy/Consulate in that country (or vice versa).
  3. Notarization

    • Sworn statements (affidavits) and some civil documents may need to be notarized before authentication.
    • Affidavits completed in the Philippines can be notarized by a Philippine notary or by a foreign embassy’s consular officer (depending on the nature and intended use of the document).

LCROs may refuse documents that appear incomplete, not properly authenticated, or unofficial, so proper apostille/legalization is critical.


VIII. Practical Tips and Common Pitfalls

  1. Check with the Specific LCRO Early

    • While the core legal framework is national, checklists and implementation details vary by LGU.

    • Some LCROs:

      • Request extra documents such as NBI clearance, barangay certificate, or additional IDs.
      • Have their own application forms and instructions for foreign applicants.
  2. Allow Sufficient Time

    • Time is needed to:

      • Obtain foreign documents.
      • Secure apostille or legalization.
      • Translate documents.
      • Complete the 10-day posting period.
      • Attend the pre-marriage seminar.
    • Last-minute attempts often lead to postponed wedding dates.

  3. Consistency of Names and Dates

    • Ensure that names (spelling, sequence of given names) and dates are consistent across:

      • Passport.
      • Birth certificate.
      • Legal capacity certificate.
      • Divorce/annulment/death documents.
    • Inconsistencies can cause delays or require affidavits of discrepancy.

  4. Beware of “Shortcut” Offers

    • Any offer to bypass legal requirements (e.g., “no license” weddings, fake pastors/judges, or falsified documents) can expose foreign and Filipino parties to:

      • Criminal liability (e.g., falsification, bigamy).
      • Future problems with immigration, visa petitions, and recognition of the marriage abroad.
  5. Keep Multiple Certified Copies

    • Obtain multiple certified or apostilled copies of important documents, especially:

      • Divorce decrees.
      • Death certificates.
      • Certificates of capacity.
    • They may be needed later for visa applications, immigration processes, or recognition of the marriage abroad.


IX. Summary

For a non-Filipino citizen to obtain a marriage license in the Philippines, key documents generally include:

  1. Completed marriage license application with personal appearance at the LCRO.

  2. Valid passport and, where required, a foreign birth certificate.

  3. Certificate of legal capacity/no impediment to marry, usually from the foreigner’s embassy/consulate or home civil registry.

  4. If previously married:

    • Divorce decree, annulment/nullity judgment, or death certificate of former spouse, properly apostilled/legalized and translated if needed.
  5. Parental consent/advice if the foreigner is between 18–25 years old, according to Philippine age rules and with proper authentication of the documents.

  6. Proof of lawful entry and residence in the Philippines (visa, entry stamps, ACR card, etc., as requested).

  7. Pre-marriage seminar and/or family planning seminar certificates (usually required for both parties).

  8. Payment of the applicable license fees.

All foreign documents must typically be authentic, properly apostilled or legalized, and translated where necessary. Because implementation details can vary, couples should always verify the current checklist and procedures with the specific LCRO where they intend to apply.


This overview is intended as a general guide to the documentary requirements and legal context. For individual cases, especially those involving complex family histories, mixed nationalities, or prior marriages, it is wise to consult directly with the LCRO and, where appropriate, seek advice from a Philippine lawyer familiar with family and immigration law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.