Requirements for Foreigners to Marry Filipina Philippines

Here’s a comprehensive, practice-ready legal article on the requirements for a foreigner to marry a Filipina in the Philippines—what the law requires, how local civil registrars (LCRs) apply it on the ground, common pitfalls, and practical templates you can adapt.


1) Legal bases & big picture

  • Governing law: The Family Code of the Philippines (FC), the Civil Registry Law (Act No. 3753), and implementing rules of the Philippine Statistics Authority (PSA) and local civil registrars.
  • General rule: A marriage in the Philippines is valid if (a) essential requisites are present—legal capacity of the parties and consent freely given; and (b) formal requisites are complied with—authority of solemnizing officer, valid marriage license (unless exempt), and marriage ceremony with two witnesses.
  • Personal law of the foreigner: A foreigner’s capacity to marry (e.g., age, prior marriage impediments) is assessed under his/her national law. Hence the frequent requirement for a Certificate of Legal Capacity to Contract Marriage (or acceptable equivalent) from the foreigner’s embassy/consulate.
  • Where to apply: The marriage license is obtained from the LCR of the city/municipality where either party habitually resides (in practice, usually the Filipina’s LCR).

2) Age, consent, and capacity

  • Minimum age: 18. Below 18 → void marriage.

  • Ages 18–20: Parental consent required (written, notarized or executed before the LCR).

  • Ages 21–24: Parental advice required (a written advice; lack thereof won’t void the marriage but can delay license issuance).

  • 25 and above: Neither consent nor advice required.

  • Foreign capacity: The foreigner must prove he/she is legally capacitated under the laws of his/her home country. Typically via:

    • Certificate/Affidavit of Legal Capacity to Contract Marriage (LCCM/CLCCM/CNI) issued by the embassy/consulate, or
    • If the embassy does not issue capacity certificates (e.g., some countries), an “Affidavit in Lieu of LCCM” plus supporting proof (e.g., home-country certificate of no marriage record, divorce decree, death certificate of prior spouse, etc.).
  • Prior marriages:

    • If the foreigner was previously married, present a divorce decree/annulment/judgment (and official translation if not in English/Filipino).
    • If the Filipina was previously married to a foreigner and the foreigner obtained a valid foreign divorce, she can remarry only after a Philippine court recognizes the foreign divorce (Article 26(2), FC). Obtain a judicial recognition of foreign judgment before applying for a license.
    • If the Filipina was previously married to a Filipino, only Philippine annulment/nullity/death of spouse lifts the impediment.

3) Documentary requirements (typical LCR checklist)

Exact lists vary by LCR. Bring originals and photocopies. Anything foreign-issued must be Apostilled (if from a Hague Apostille country) or consularized (if not), and accompanied by official translations if not English/Filipino.

For the Filipina

  • PSA Birth Certificate (recent copy).
  • PSA CENOMAR (Certificate of No Marriage) or PSA Advisory on Marriages (if previously married).
  • If previously married: PSA Marriage Certificate with annotated annulment/nullity or PSA Death Certificate of prior spouse; if divorced by a foreign spouse: RTC decision recognizing the foreign divorce + PSA annotation.
  • Valid government ID(s).
  • Pre-marriage counseling/family planning seminar certificate (see Section 4).
  • Parental consent/advice, if applicable (see Section 2).

For the Foreigner

  • Passport (bio page copy).
  • Birth certificate (Apostilled/consularized, if required by LCR).
  • Certificate of Legal Capacity to Contract Marriage (or Affidavit in Lieu with supporting home-country records).
  • Evidence of termination of prior marriage (divorce decree/final judgment, death certificate, annulment): Apostilled/consularized + translated if needed.
  • Proof of current civil status (e.g., home-country no-marriage certificate/civil registry extract) if the embassy’s capacity certificate requires it.
  • Pre-marriage seminar certificate (joint with the Filipina).
  • Some LCRs ask for immigration entry stamp copies or proof of local address (hotel booking, barangay certificate)—good to have.

Tip: Call or email the target LCR to confirm their exact checklist; practices differ.


4) Marriage license: where, how, and timing

  • Application venue: LCR of the city/municipality where either party resides. If the foreigner is a short-term visitor, apply at the Filipina’s LCR.

  • Posting period: After filing complete papers, the LCR posts the Notice of Marriage for 10 consecutive days.

  • Issuance: The license is issued after the 10-day posting period (assuming no legal impediment).

  • Validity: 120 days nationwide, from date of issuance; use it anywhere in the Philippines before it lapses.

  • Exemptions (no license required): narrowly construed; examples include:

    • Article 34 cohabitation: parties have cohabited as husband and wife for at least 5 years, both free to marry the whole time, and execute a joint affidavit. LCRs scrutinize this strictly; it does not apply if either was previously married during any part of the 5-year period.
    • Marriages in articulo mortis (danger of death) under strict conditions.
    • Marriages among Muslims or members of ethnic cultural communities when solemnized per special laws/customs. Unless you clearly fit an exemption, assume a license is required.

5) Pre-marriage seminars and counseling

  • Most LCRs require the couple to attend:

    • Pre-marriage counseling (by the LCR/DSWD/City Social Welfare Office), and
    • Family planning seminar (often by the local health office).
  • Certificates from these seminars are filed with the license application. Some LCRs allow online sessions or recognize certificates from other LGUs—ask first.


6) Solemnizing officer, ceremony, and witnesses

  • Who may solemnize: Judges within their jurisdiction; priests/rabbis/imams/ministers of registered churches (with a license to solemnize); ship/airplane captains only in articulo mortis during voyage; military commanders in articulo mortis in a zone of operations; consular officers abroad (for two Filipino citizens).
  • Place: Generally within the officer’s jurisdiction (church, courthouse, city/municipal hall, or approved venue).
  • Witnesses: At least two, of legal age.
  • Ceremony essentials: Personal appearance of both parties; exchange of consent in the officer’s presence; presentation of the valid marriage license (unless exempt).
  • Registration: The solemnizing officer must submit the signed Marriage Certificate to the LCR within 15 days (longer if license-exempt); you later secure a PSA-issued marriage certificate.

7) Treatment of foreign documents

  • Apostille vs. Consularization: If the issuing country is a party to the Hague Apostille Convention, get an Apostille on the foreign document. If not, have it consularized by the Philippine Embassy/Consulate in that country.
  • Translations: Non-English/Filipino documents must be translated by an authorized translator, with the translation also Apostilled/consularized if required by the LCR.
  • Consistency: Names, dates, and statuses across passport, birth certificate, divorce decree, and affidavits must match (watch out for hyphens, middle names, and transliterations).

8) Special/complex situations

  • Foreign divorce involving the Filipina: Even if valid abroad, she cannot remarry in the Philippines until a Philippine court recognizes the foreign divorce. Plan for the recognition case (Regional Trial Court) before license application.
  • Annulment/nullity (Philippines): If either party had a prior Philippine marriage later annulled/declared void, submit the RTC decision and the PSA-annotated marriage record.
  • Change of name/sex: Philippine civil-status changes must be backed by PSA-reflected annotations or valid court orders; Philippine law is conservative here—coordinate early with the LCR.
  • Proxy marriages / online weddings: Not valid if celebrated in the Philippines; both parties must be physically present before the officer.
  • Same-sex marriages: Not recognized under current Philippine law; a foreign same-sex marriage certificate will not authorize a Philippine marriage license/ceremony.
  • Religious weddings: Still require a marriage license (unless an exemption applies). The church’s canonical requirements are in addition to civil requirements.

9) After the wedding: immigration, property, and names

  • Immigration: A foreign spouse of a Filipina may apply with the Bureau of Immigration for a 13(a) immigrant visa (if from a non-visa-restricted country) or 13(g) (if former Filipino), or other spousal visas as applicable. Expect BI/NBI clearances, medical, proof of cohabitation/financial capacity.
  • Property regime: Unless a prenuptial agreement (marriage settlement) is executed before the wedding, the default regime is absolute community of property. A prenup must be notarized and registered (LCR where the marriage is registered and, for real property, in the pertinent registries) to bind third persons.
  • Surnames: The Filipina may use her husband’s surname but is not required to. Changing IDs/passport requires the PSA marriage certificate and agency-specific forms.

10) Typical process flow (with timing)

  1. Document gathering (2–8+ weeks for overseas records/Apostilles).
  2. LCR pre-check of requirements.
  3. Pre-marriage seminars (same week; some LGUs schedule fixed days).
  4. File license application10-day posting period.
  5. License issuancewedding within 120 days.
  6. Registration by officiant (within 15 days) → PSA certificate available after LCR transmits to PSA (several weeks).

11) Common pitfalls (and how to avoid them)

  • No embassy capacity certificate: Secure the embassy’s LCCM early; if unavailable, prepare a robust Affidavit in Lieu with home-country civil registry proof.
  • Unrecognized foreign divorce of the Filipina: File recognition first; LCRs will not issue a license without it.
  • Expired/insufficient translations/Apostilles: Check validity windows; re-Apostille if the LCR insists on “recent” certifications.
  • License posting miscount: The 10 days are consecutive calendar days; plan the wedding date beyond that window.
  • Names don’t match: Align spellings across all documents; bring evidence explaining discrepancies (e.g., Affidavit of Discrepancy).

12) Ready-to-use templates

Customize placeholders in [brackets]. Keep everything consistent with your IDs and civil registry entries.

A. Affidavit in Lieu of Certificate of Legal Capacity to Contract Marriage

AFFIDAVIT IN LIEU OF CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE I, [Full Name], [citizenship], of legal age, holding Passport No. [number], after being duly sworn, state:

  1. I am single / divorced / widowed and legally capacitated to marry under the laws of [Country].
  2. I have not been convicted of any offense that disqualifies me from marrying.
  3. Attached are true copies of my [birth certificate/civil status certificate/divorce decree/death certificate of former spouse], issued by [authority] and duly [Apostilled/consularized].
  4. I execute this affidavit because my embassy/consulate [does not issue / is unable at this time to issue] a certificate of legal capacity to marry, and this affidavit is submitted to the Local Civil Registrar of [City/Municipality] for the issuance of a marriage license. [Signature above printed name] SUBSCRIBED AND SWORN before me this [date] at [place], affiant exhibiting [ID]. [Notary Public details]

B. Parental Consent (for 18–20 years old)

PARENTAL CONSENT TO MARRY We, [Parent/Guardian Names], of legal age, parents/guardians of [Name], born [DOB], hereby consent to her/his marriage to [Fiancé’s Name]. [Signatures] SUBSCRIBED AND SWORN before me this [date] at [place]. [Notary Public]

C. Parental Advice (for 21–24 years old)

PARENTAL ADVICE ON INTENDED MARRIAGE I/We, [Parent/Guardian], have been [informed / consulted] of the intended marriage of [Name] to [Fiancé’s Name] and hereby [give/do not give] our advice. [Signature] SUBSCRIBED AND SWORN before me this [date] at [place]. [Notary Public]

D. Article 34 Cohabitation Affidavit (License Exemption) — Use with caution

JOINT AFFIDAVIT OF COHABITATION (ARTICLE 34, FAMILY CODE) We, [Full Names], both of legal age and both free to marry, depose:

  1. We have cohabited exclusively as husband and wife for at least five (5) years immediately prior to this date.
  2. Neither of us has been married to any other person at any time during said period.
  3. We respectfully request that our marriage be solemnized without a marriage license under Article 34 of the Family Code. [Signatures of both parties] SUBSCRIBED AND SWORN before me this [date] at [place]. [Notary Public]

13) Quick checklists

Foreign fiancé(e) checklist

  • Passport
  • Embassy LCCM (or Affidavit in Lieu + proof of status)
  • Divorce/Annulment/Death certificate (Apostilled/consularized + translation if needed)
  • Birth certificate (if the LCR requires it)
  • Pre-marriage seminar certificate

Filipina checklist

  • PSA Birth Certificate
  • PSA CENOMAR or Advisory on Marriages
  • Prior marriage termination proofs (with PSA annotations / court recognition, as applicable)
  • Valid ID(s)
  • Pre-marriage seminar certificate
  • Parental consent/advice (if required)

14) Practical tips

  • Start with the LCR: Requirements vary—confirm their exact list and lead times.
  • Apostille early: Overseas documents can take weeks to procure and Apostille.
  • Name hygiene: Use exact name formats across all documents (watch accents, hyphens, middle names).
  • Book the officiant/date only after you’re comfortable with the license timeline.
  • Keep certified copies: You’ll need them later for immigration (13(a) spouse visa), bank/insurance, and government transactions.

If you want, tell me the city/municipality where you’ll apply and your nationality/prior marital status; I’ll tailor a one-page checklist for that LCR and fill in the templates with the right phrasing.

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