A Philippine legal guide to eligibility, documents, procedure, special cases, and common pitfalls

1) Governing law and basic framework (Philippine context)

Marriage in the Philippines is primarily governed by the Family Code of the Philippines (Executive Order No. 209, as amended), related civil registry laws (registration rules and local civil registrar procedures), and conflict-of-laws rules in the Civil Code (particularly on personal status and legal capacity).

Under the Family Code, a valid marriage generally requires:

A. Essential requisites (what must be true)

Legal capacity of the parties (each must be legally able to marry), and
Consent freely given in the presence of the solemnizing officer.

B. Formal requisites (what must happen)

A solemnizing officer with authority,
A valid marriage license (unless the law provides an exception), and
A marriage ceremony with personal appearance of the parties, declaration that they take each other as spouses, and at least two witnesses of legal age.

If an essential requisite is missing, the marriage is generally void. If a formal requisite is missing, the marriage is generally void, subject to limited exceptions (and some defects may affect validity differently depending on the issue).

2) Who can marry: eligibility requirements and impediments

A. Minimum age

At least 18 years old is required to marry in the Philippines.

B. No prior existing marriage

A person who is still married cannot marry again (bigamy), unless the prior marriage has been legally ended and is recognized for Philippine purposes.

C. Prohibited relationships

The Family Code prohibits marriage between certain relatives, including:

Direct line relatives (parents/children, grandparents/grandchildren), and
Siblings (full or half), and other close relationships specified by law.

D. Capacity of the foreigner: “national law” rule

In Philippine conflict-of-laws, legal capacity to marry for a foreign national is generally governed by the foreigner’s national law (Civil Code principle on personal status). Practically, Philippine law operationalizes this through the requirement for a Certificate of Legal Capacity to Contract Marriage (discussed below).

3) The centerpiece requirement for foreigners: Certificate of Legal Capacity (Family Code, Article 21)

What it is

Before a marriage license is issued in the Philippines, a foreign national is generally required to submit a Certificate of Legal Capacity to Contract Marriage issued by the foreigner’s diplomatic or consular office (e.g., embassy/consulate).

What it proves

It typically confirms that, under the foreigner’s national law, they are:

Of legal age,
Not currently married (or otherwise free to marry), and
Not disqualified by their national law.

Common real-world equivalents

Not all countries issue a document literally titled “Certificate of Legal Capacity.” Many embassies/consulates provide an acceptable substitute such as:

Affidavit of Legal Capacity to Contract Marriage,
Certificate/Letter of No Impediment, or
A consular certification based on the foreigner’s sworn statement and submitted evidence.

Local Civil Registrars (LCRs) vary in what they accept, but the legal concept is the same: a consular/embassy-issued document establishing capacity.

Exceptions

The Family Code allows an alternative for certain persons such as stateless persons or refugees (typically through an affidavit or certification consistent with their status). The exact acceptable proof may depend on the LCR and relevant documentation.

4) Core documentary requirements (typical checklist)

Local Civil Registrar requirements can vary by city/municipality, but the following are the common baseline documents.

A. Documents typically required from the Filipino citizen

PSA-issued Birth Certificate (Philippine Statistics Authority copy)
Certificate of No Marriage (CENOMAR) (or advisory on marriages, depending on circumstances)
Valid government-issued ID
If previously married: proof of how the prior marriage ended, such as:
- Judicial decree of annulment/nullity and Certificate of Finality, and
- Annotated PSA marriage certificate (showing the annulment/nullity), as applicable
If ages 18–21: parental consent (written, often with personal appearance)
If ages 22–25: parental advice (or proof that advice was sought), plus possible counseling requirements

Many LGUs also require pre-marriage orientation/counseling certificates, family planning seminars, or similar local programs.

B. Documents typically required from the foreign national

Valid passport (bio page + entry stamp/visa pages often requested)
Birth certificate (often required; frequently must be authenticated/apostilled depending on the LCR)
Certificate of Legal Capacity to Contract Marriage (or consular equivalent)
If previously married: proof of termination of prior marriage, e.g.:
- Divorce decree, annulment decree, or death certificate of previous spouse
- Often needs apostille/authentication and, if not English, an official translation
If the foreigner changed name: documents supporting name history (e.g., deed poll, court order), if relevant
Some LCRs ask for proof of local address (e.g., hotel booking, lease, barangay certificate, affidavit of residence). This is procedural rather than a Family Code essential, but it may affect processing.

5) The marriage license process (step-by-step)

Step 1: File the application at the proper Local Civil Registrar (LCR)

The application is typically filed with the LCR of the city/municipality where either party resides.
Residency rules and proof can be stricter when neither party is clearly resident; some LCRs will still process if one party can establish local residence.

Step 2: Submit documents and accomplish the application forms

Both parties usually appear to sign forms and submit IDs and supporting documents.
The LCR may require interviews or additional papers depending on circumstances.

Step 3: Publication/posting period

The LCR posts the application (public notice) for 10 consecutive days.

Step 4: Pay fees

Fees vary by LGU and may be higher when one party is a foreign national.

Step 5: Issuance of marriage license

After the posting period and compliance, the license is issued.

Validity of the marriage license

A Philippine marriage license is generally valid for 120 days from date of issuance and usable anywhere in the Philippines within that period. If unused, you must reapply.

6) The solemnization: who can officiate and what must happen

Authorized solemnizing officers commonly include:

Judges (within jurisdiction and per rules),
Mayors (often for civil weddings, subject to authority rules),
Priests/rabbis/imams/ministers of duly registered churches or religious sects (with authority and subject to conditions),
Certain officers in special situations (e.g., ship captain, military commander, etc.).

Ceremony essentials

Personal appearance of both parties before the solemnizing officer,
Declaration that each takes the other as spouse,
At least two witnesses of legal age.

7) Registration after the wedding (critical for proof of marriage)

After solemnization, the marriage must be registered:

The marriage certificate is signed and then forwarded to the Local Civil Registrar for registration (the solemnizing officer typically has legal duties to submit within a prescribed period).
The record is eventually transmitted to the PSA, after which you can request a PSA-issued Marriage Certificate.

Practical point: If you need the PSA copy for immigration/visa or other legal processes, plan for transmission time.

8) Special situations and “hard cases” (where couples commonly get stuck)

A. If the Filipino has a prior marriage: annulment/nullity and the “foreign divorce” problem

In the Philippines, divorce for two Filipinos is generally not available domestically (with limited systems like Muslim personal law for eligible persons). If the Filipino spouse was previously married, they typically must show they are legally free to marry under Philippine law.

If the Filipino was previously married to a foreigner and a divorce was obtained abroad by the foreign spouse: Philippine law (Family Code, Article 26, paragraph 2) can allow the Filipino to remarry after proper recognition. In practice, the Filipino usually must obtain a judicial recognition in Philippine court (recognition of foreign divorce and capacity to remarry) and secure PSA-annotated records before many LCRs will issue a new marriage license.

Key takeaway: A foreign divorce decree alone may not automatically “clear” the Filipino’s civil status in Philippine records without the proper Philippine process.

B. If the foreigner is divorced

A foreign national who is divorced generally can remarry, but the LCR will typically require:

The divorce decree (apostilled/authenticated as required), and
Often proof that the decree is final, plus translation if necessary.

Some consulates will not issue (or will condition) the Certificate of Legal Capacity unless divorce papers are presented.

C. If the foreigner’s embassy will not issue a certificate

Some embassies do not issue a “certificate” in the strict sense and instead provide a notarized affidavit. Many LCRs accept consularized affidavits or consular certifications, but requirements vary. The practical solution is to obtain what the embassy can issue and ensure it is clearly a consular document addressing capacity/no impediment.

D. Marriage license exceptions (rare but important)

Philippine law recognizes limited situations where a marriage license may not be required, such as:

Marriage in articulo mortis (at the point of death), under strict conditions,
Certain remote or exceptional cases contemplated by law,
Some situations involving parties who have lived together as husband and wife for a required period and meet legal conditions (this area is technical and heavily fact-dependent).

Because these exceptions are narrowly construed, couples usually proceed with a standard marriage license unless clearly qualified.

E. Religious wedding vs civil wedding

Religious requirements (baptismal certificates, church seminars, canonical documents, etc.) are not the same as legal requirements. Even if a church is willing to marry you, the civil registry requirements (especially the foreigner’s capacity certificate and the marriage license) still control legal validity.

9) Name, citizenship, and immigration consequences (often misunderstood)

A. Change of surname

A Filipino spouse may choose to use the spouse’s surname under Philippine naming customs; the foreign spouse’s naming rules depend on their national law and passport system.

B. Citizenship

Marriage does not automatically grant Philippine citizenship to a foreign spouse. Naturalization or other legal paths may apply.

C. Philippine residence/immigration status

Marriage can be the basis for immigration benefits (e.g., spouse visas/residence categories), but immigration is a separate legal process from marriage validity and registration.

10) Common pitfalls and compliance tips

Incomplete foreign documents (no apostille/authentication, missing translations, unclear divorce finality).
Assuming a foreign divorce automatically updates PSA records—it often does not without Philippine judicial recognition where required.
Timing issues: license validity (120 days) vs ceremony scheduling; posting period; PSA transmission delays.
Using an unauthorized solemnizing officer or marrying outside the scope of authority.
Misstatements in affidavits or applications: this can create validity issues and possible legal exposure.

11) Practical “minimum plan” checklist

If both are single and never married:

Filipino: PSA Birth Certificate + CENOMAR + ID
Foreigner: Passport + Birth Certificate (as required) + Consular Certificate/Affidavit of Legal Capacity + ID equivalents
Apply for marriage license → wait posting period → get license → marry before authorized officer → register → obtain PSA marriage certificate

If either was previously married:

Add the complete termination documents (annulment/nullity papers for a Filipino; divorce/annulment/death certificate for a foreigner), and expect additional steps if Philippine recognition/annotation is needed.

12) When to consult a Philippine lawyer (high-value situations)

You’ll usually want legal help if:

The Filipino spouse had a prior marriage and there is a foreign divorce involved,
There are conflicting civil registry records (e.g., PSA shows “married” but parties believe otherwise),
There are complicated nationality issues (statelessness, refugee status, multiple citizenships), or
You need the marriage recognized for high-stakes immigration, inheritance, or property planning with tight deadlines.

References (Philippine legal anchors)

Family Code: rules on requisites of marriage, marriage license, authority to solemnize, and special provisions on foreign divorce affecting Filipino capacity to remarry (notably Articles 2–4, 21, 26, and related provisions).
Civil Code conflict-of-laws principles on personal status/capacity and lex loci celebrationis (formalities generally follow the place of celebration).

If you tell me your exact situation (country of the foreigner, whether anyone was previously married, and where you plan to apply), I can lay out a tailored checklist and likely problem areas—still within Philippine legal rules and typical LCR practice.