Marriage is a significant legal act in the Philippines, governed primarily by Executive Order No. 209, otherwise known as the Family Code of the Philippines. When one party is a foreign national, the process involves additional layers of documentation to ensure the validity of the union under both Philippine law and the laws of the foreigner's home country.
I. Fundamental Requisites
Under Philippine law, two types of requirements must be met: Essential and Formal.
Essential Requisites:
- Legal Capacity: The contracting parties must be a male and a female, at least 18 years of age.
- Consent: Freely given in the presence of the solemnizing officer.
Formal Requisites:
- Authority of the Solemnizing Officer: (e.g., a judge, priest, rabbi, imam, or consul).
- A Valid Marriage License: Except in cases of "marriages of exceptional character" (e.g., parties living together for at least 5 years).
- Marriage Ceremony: The physical appearance of both parties before the solemnizing officer.
II. Mandatory Documents for the Marriage License
To obtain a marriage license, the couple must apply at the Local Civil Registrar (LCR) of the city or municipality where one of them habitually resides.
For the Filipino National:
- PSA Birth Certificate: An original copy issued by the Philippine Statistics Authority.
- Certificate of No Marriage (CENOMAR): Issued by the PSA, proving the individual is "single."
- Valid ID: Government-issued identification.
- Parental Consent (Ages 18–21): An affidavit signed by parents/guardians.
- Parental Advice (Ages 22–25): A written statement that parents have been informed.
For the Foreign National:
Certificate of Legal Capacity to Contract Marriage: This is the most critical document for foreigners. It is issued by the diplomatic or consular official of their respective country in the Philippines. It certifies there is no legal impediment to the marriage.
Note: Some embassies (like the US) issue an "Affidavit in Lieu of a Certificate of Legal Capacity."
Passport: Original and photocopies of the data page and the page showing the latest arrival stamp.
Divorce Decree or Death Certificate: if previously married, the foreigner must provide proof that the prior marriage was legally dissolved.
III. The Process and Timeline
- Pre-Marriage Counseling: Most Local Government Units (LGUs) require couples to attend a seminar on family planning and marriage responsibilities. A Certificate of Attendance is required before the license is issued.
- The 10-Day Posting Period: Once the application is filed, the LCR will post a notice of the application for 10 consecutive days. The license is issued only after this period, provided no objections are filed.
- Validity: Once issued, the marriage license is valid for 120 days anywhere in the Philippines.
IV. Estimated Fees
Fees vary significantly depending on the municipality or city, but the general breakdown is as follows:
| Item | Estimated Cost (PHP) |
|---|---|
| Marriage License Application Fee | ₱200 – ₱500 |
| Filing/Processing Fee | ₱100 – ₱300 |
| Pre-Marriage Counseling Fee | ₱50 – ₱200 |
| Solemnization Fee (Public Officer) | ₱300 – ₱1,000 |
| PSA Birth Certificate/CENOMAR | ₱155 – ₱210 per copy |
| Legal Capacity (Embassy Fee) | $50 – $150 (Varies by country) |
Note: Private ceremonies (churches/private venues) incur separate, often higher, "stipends" or booking fees ranging from ₱5,000 to ₱50,000+.
V. Special Considerations
- Recognition of Foreign Divorce: While the Philippines does not have a domestic divorce law (except for Muslims), it recognizes a divorce validly obtained abroad by the foreign spouse. However, for the Filipino spouse to remarry, a Petition for Judicial Recognition of Foreign Divorce must be filed in a Philippine court.
- Marriage in Articulo Mortis: If one party is at the point of death, the marriage license requirement may be waived.
- Prenuptial Agreements: If the couple wishes to maintain separate properties, a Marriage Settlement must be executed before the celebration of the marriage to be legally binding.