Marriage in the Philippines is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended), related civil registry laws, and—where applicable—special rules such as the Code of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083). What follows is a practical, legally oriented guide to (1) who may marry, (2) what the law requires for a valid marriage, (3) the typical documentary requirements and step-by-step process, (4) special situations (foreign nationals, prior marriages, age, consent, venue), and (5) common pitfalls that lead to invalidity or future legal problems.

1) Core Legal Framework

A. Essential requisites (substance)

A marriage is valid only if these “essential requisites” are present:

Legal capacity of the contracting parties Each party must be legally able to marry (e.g., of legal age, not currently married, not within prohibited degrees of relationship, not otherwise disqualified).
Consent freely given Consent must be personal, voluntary, and free from force, intimidation, or fraud of a kind that the law recognizes as affecting consent.

If an essential requisite is absent, the marriage is typically void (treated as having never existed).

B. Formal requisites (procedure)

A marriage generally must also satisfy these “formal requisites”:

Authority of the solemnizing officer The person who officiates must be legally authorized.
A valid marriage license A marriage license is usually required, with specific legal exceptions.
Marriage ceremony A ceremony with the parties’ personal appearance and declaration that they take each other as spouses, before the solemnizing officer and in the presence of at least two witnesses of legal age.

If a formal requisite is absent, the marriage may be void, subject to limited good-faith protections in certain circumstances.

2) Who Can Marry: Legal Capacity Checklist

A. Minimum age

18 years old is the minimum legal age to marry in the Philippines.
Marriage below 18 is not allowed.

B. Parental involvement for young adults (18–25)

Even if 18 or older, the law imposes additional requirements:

Ages 18–21: Parental consent is required for issuance of a marriage license.
Ages 21–25: Parental advice is required; if advice is not obtained (or is refused), the law may impose a waiting period before the license is issued.

These rules are implemented through the local civil registrar’s licensing process, and local procedures can be strict.

C. No existing marriage

A person generally cannot marry if already married—unless the prior marriage was:

declared void by a final court judgment (or is void under law but still typically addressed through a court declaration in practice), or
annulled / declared voidable and the decree is final, or
dissolved under a legally recognized situation (e.g., certain cases involving foreign divorce—discussed below).

A second marriage while the first remains legally subsisting risks criminal liability for bigamy and civil invalidity.

D. Prohibited marriages due to relationship

Philippine law prohibits marriage between certain relatives, including:

Direct line relatives (ascendants/descendants), regardless of legitimacy
Siblings, whether full or half-blood
Certain relations by affinity/adoption, and other relationships defined by law

A marriage within prohibited degrees is void.

E. Other disqualifications and concerns

Certain circumstances can affect validity or expose parties to future legal challenges, such as:

Lack of genuine consent due to force/intimidation
Certain forms of fraud recognized by law
Psychological incapacity (a ground to declare a marriage void through court action)
Mistakes and irregularities in licensing/solemnization that rise to legal defects

3) Who May Officiate: Solemnizing Officers

A marriage must be solemnized by someone with legal authority, commonly including:

Judges (within territorial jurisdiction)
Priests, rabbis, imams, ministers of a recognized church or religious sect duly authorized
Certain ship captains/airplane chiefs (in limited extraordinary situations)
Certain military commanders (in limited situations)
Consular officers for marriages involving Filipino citizens abroad (subject to legal conditions)

A key practical point: authority often depends on the officer’s status, registration, and territorial/functional limits. If authority is absent, the marriage risks being void—though narrow good-faith doctrines may mitigate consequences in limited scenarios.

4) Marriage License: The Centerpiece of the Process

A. General rule

A marriage license is required before marriage.

B. Where to apply

You apply at the Local Civil Registrar (LCR) of:

the city/municipality where either party habitually resides.

C. Publication/notice period

The application is posted/published by the LCR for a required period (commonly implemented as a public notice requirement) before issuance of the license.

D. Validity of the license

Once issued, the marriage license is typically valid for a limited period (commonly 120 days) and can be used anywhere in the Philippines during its validity. If it expires, you must apply again.

E. Legal exceptions (marriages without a license)

Philippine law recognizes specific situations where a marriage license is not required, such as:

Marriage in articulo mortis (at the point of death)
Marriage in remote places where there is no means to obtain a license, under strict conditions
Certain marriages among parties who have cohabited as husband and wife for a legally required period and meet statutory conditions, evidenced by sworn statements
Other limited exceptions provided by law

These exceptions are technical; incorrect reliance on an exception is a common cause of later invalidity problems.

5) Typical Documentary Requirements (Practical Checklist)

Exact document checklists vary by city/municipality, but the following are commonly required.

A. If both parties are Filipino citizens

Common documents requested by the LCR:

PSA birth certificate (certified true copy) Issued by Philippine Statistics Authority
Certificate of No Marriage Record (CENOMAR) or equivalent civil status certification (as applicable)
Valid government-issued IDs
Community Tax Certificate (cedula) (commonly requested)
If previously married: documents proving the prior marriage ended (see Section 8)

Additional requirements depending on age and circumstance:

Parental consent (18–21) with parents’ IDs and personal appearance or notarized consent, per LCR rules
Parental advice (21–25) and proof of notice to parents, per LCR rules
Pre-marriage counseling certificates where required by the LGU or specific programs (implementation varies)

B. If one party is a foreign national marrying a Filipino citizen in the Philippines

Foreign nationals are commonly required to submit:

Passport (biographic page and admission stamp as applicable)
Birth certificate (often with authentication/consularization/apostille requirements depending on origin)
Certificate of Legal Capacity to Contract Marriage (or similar document) issued by the foreign national’s embassy/consulate, as required by the Family Code (subject to recognized exceptions)
If previously married: divorce decree / death certificate, with proper authentication, plus any required Philippine court recognition steps (see Section 8)

The foreign national’s documents typically must be in English or accompanied by an official translation, and may need authentication depending on the issuing country.

6) Step-by-Step Process to Get Married (Standard Civil/Religious Wedding)

Step 1: Confirm capacity and gather documents

Before filing:

confirm both parties’ civil status
resolve any prior-marriage issues (annulment/nullity/foreign divorce recognition), if applicable
prepare IDs, civil registry documents, and parental consent/advice documents if required

Step 2: File marriage license application at the Local Civil Registrar

File personally at the LCR where either party resides.
Submit documents and pay fees.
Complete required forms and affidavits.
The LCR posts the notice and processes the application.

Step 3: Attend required counseling/seminars (when applicable)

Depending on the LGU and the parties’ profiles, the LCR may require:

pre-marriage counseling
responsible parenthood/family planning orientations
additional counseling if one party is a minor relative to the other? (context-specific) These requirements are often enforced as administrative prerequisites for license issuance.

Step 4: Receive the marriage license

After processing and compliance with any waiting periods (e.g., parental advice issues), the LCR issues the license.

Step 5: Schedule the ceremony with an authorized solemnizing officer

Choose civil (judge/mayor/authorized officer) or religious solemnization.
Confirm the solemnizing officer’s authority and any church/office requirements.

Step 6: Marriage ceremony and signing

Both parties appear personally.
At least two witnesses of legal age attend.
Parties declare they take each other as spouses.
The marriage certificate is signed by the parties, witnesses, and solemnizing officer.

Step 7: Registration of the marriage certificate

The solemnizing officer is responsible for transmitting/filing the marriage certificate with the LCR within the legally required period. Registration is essential for:

issuance of a PSA marriage certificate later
updating civil status records
future immigration, benefits, and property documentation

7) Venue and “Where You Can Marry”

A. Within the Philippines

A marriage license issued in one city/municipality can generally be used anywhere in the Philippines during its validity.

B. Outside the Philippines (Filipino citizen marrying abroad)

A Filipino citizen may marry abroad under the laws of the place where the marriage occurs, subject to Philippine recognition rules. Documentation and reporting requirements can apply, and consular services may be involved through Department of Foreign Affairs posts.

8) Prior Marriages: Annulment, Nullity, and Foreign Divorce Issues

This is the area where many marriages become legally vulnerable.

A. If the Filipino citizen was previously married in the Philippines

To remarry, the Filipino must generally have:

a final court decree declaring the prior marriage void, or
a final court decree of annulment (voidable marriage), plus compliance with related requirements (e.g., registry annotations)

Without a final decree and proper civil registry annotation, the person is commonly still treated as married for civil status purposes—exposing a subsequent marriage to invalidity and potential bigamy exposure.

B. If the Filipino citizen was married to a foreigner and a divorce occurred abroad

Philippine law has a special rule that may allow a Filipino to remarry if:

the foreign spouse obtained a divorce abroad that capacitated the foreign spouse to remarry, and
the divorce is judicially recognized in the Philippines (a court process), with proper civil registry annotation afterward.

Practical point: the divorce decree alone is usually not enough for Philippine civil status records; the Filipino typically needs a Philippine court decision recognizing the foreign divorce before civil status is updated.

C. If the foreign national was previously married

The foreign national must prove capacity to remarry under their national law (e.g., divorce decree, annulment, death certificate), and the LCR will usually require properly authenticated documents.

9) Special Situations and Alternative Regimes

A. Muslim Filipinos (or marriages under Muslim Personal Laws)

Marriages involving Muslims may fall under the Code of Muslim Personal Laws (PD 1083), with different rules on solemnization, registration, and related family law incidents. The parties’ religion and the applicable legal regime matter; registration remains important for civil effects.

B. Marriage to a Filipino citizen for immigration or nationality purposes

Marriage to a Filipino does not automatically grant Philippine citizenship to a foreign spouse. Immigration pathways (e.g., immigrant visas or residence) are handled through Bureau of Immigration under separate rules and evidence requirements.

C. Commission on Filipinos Overseas (CFO) counseling (common for migration cases)

If the Filipino spouse will migrate or is petitioned abroad, Commission on Filipinos Overseas counseling and documentation may become relevant after marriage (and sometimes before departure), depending on the destination country’s and CFO’s requirements.

10) Property Relations, Names, and Legal Effects of Marriage

A. Property regime by default

If the parties do not execute a marriage settlement (prenuptial agreement), the default property regime for many couples is Absolute Community of Property, subject to legal exclusions.

B. Prenuptial agreements (marriage settlements)

A marriage settlement must generally:

be in writing
be executed before the marriage
comply with notarization and registration requirements to affect third persons

Prenups are especially important in mixed-nationality scenarios, second marriages, significant asset disparities, business ownership, and estate planning.

C. Surnames

A spouse may adopt the other spouse’s surname in the manner permitted by law and civil registry practice; usage differs for women and men under Philippine naming conventions, and documentation updates often follow PSA registration.

D. Children and legitimacy

Children conceived or born in a valid marriage are generally legitimate, with important consequences for:

parental authority
support
surnames
inheritance

11) Common Legal Pitfalls (and Why They Matter)

Proceeding despite an unresolved prior marriage The most serious risk—can render the new marriage void and create criminal exposure.
Using the wrong LCR residency basis Some LCRs strictly require proof of habitual residence.
Improper reliance on “license-exempt” marriages Cohabitation-based and emergency exceptions are narrowly defined; misuse is a frequent cause of later challenges.
Solemnizing officer authority issues Especially with jurisdictional limits, incomplete accreditation, or irregular ceremonies.
Non-registration or delayed registration of the marriage certificate Creates practical and legal problems for benefits, passports, immigration, and proof of status.
Document authentication issues for foreign nationals Unauthenticated civil documents are often rejected, delaying or derailing the application.

12) Quick Reference: Standard Requirements Summary

If marrying in the Philippines (typical case)

Confirm both parties are 18+, single/capacitated, and not within prohibited relationships
Prepare PSA documents, IDs, and any required parental consent/advice documents
Apply for marriage license at the LCR where either party resides
Complete posting/processing and counseling/seminars as required
Obtain license and marry before an authorized solemnizing officer with two witnesses
Ensure the marriage certificate is filed/registered with the LCR, then obtain PSA copy when available

13) Legal Classification of Defective Marriages (High-Level Overview)

Philippine law distinguishes, among others:

Void marriages: invalid from the start (e.g., lack of essential requisites, prohibited relationships, certain formal defects)
Voidable marriages: valid until annulled (e.g., certain defects relating to consent/age at the time under older regimes, or other grounds specified by law)
Legal separation: does not dissolve the marriage bond; parties generally cannot remarry
Nullity/annulment proceedings: court processes with civil registry consequences

Understanding the classification matters because it determines whether parties may remarry and what filings are required.

Marriage in the Philippines is both a personal status and a public act. The law emphasizes capacity, consent, proper licensing, proper solemnization, and registration—each of which can determine whether a marriage is unquestionably valid or legally vulnerable.