Legal Foundation in the Philippines

Article 21 of the Family Code of the Philippines explicitly requires that when either or both parties to a proposed marriage are foreign nationals, they must present a Certificate of Legal Capacity to Contract Marriage issued by their diplomatic or consular officials in the Philippines before a marriage license can be issued by the Local Civil Registrar.

The United States does not issue a “Certificate of Legal Capacity to Marry” in the form contemplated by Philippine law. Instead, the U.S. Embassy in Manila executes an Affidavit in Lieu of Certificate of Legal Capacity to Contract Marriage (commonly called the “Affidavit of Legal Capacity” or simply “legal capacity affidavit”). This affidavit is universally accepted by all Local Civil Registrars in the Philippines as full compliance with Article 21 of the Family Code.

The affidavit is a sworn statement executed before a U.S. Consular Officer declaring that the U.S. citizen is free to marry and that no legal impediment exists under U.S. law.

Who Must Obtain the Affidavit

Any U.S. citizen who intends to marry in the Philippines (whether to a Filipino citizen or to another foreigner) must personally appear at the U.S. Embassy in Manila to execute this affidavit.
Only the U.S. citizen is required to appear and swear to the affidavit. The Filipino fiancé(e) is NOT required to attend the embassy appointment.
If both parties are U.S. citizens, both must execute separate affidavits (i.e., two appointments and two fees).

Where the Service Is Provided

The service is available only at the U.S. Embassy in Manila (1201 Roxas Boulevard, Ermita, Manila).
Consular agencies in Cebu, Davao, or elsewhere DO NOT perform this notarial service. All applicants must travel to Manila.

How to Schedule the Appointment (Current System as of December 2025)

The U.S. Embassy uses the online appointment system accessible at:

https://ph.usembassy.gov/u-s-citizen-services/notarial-services/

or directly through the booking portal:

https://usembassymanila.acs-appointments.com/

Steps:

Create an account (or log in if you already have one).
Select “Notarial Services.”
Choose “Affidavit of Legal Capacity to Contract Marriage.”
Pick an available date and time.
You will receive a confirmation email with your appointment letter.

Appointments are released on a rolling basis, typically opening new slots every weekday at around 12:00 noon Manila time. Demand is extremely high. It is common for slots to be taken within minutes. Many couples use auto-refresh scripts or appointment-alert Telegram/Discord groups to secure a slot. Wait times currently range from 3–10 weeks depending on the month.

Emergency appointments are almost never granted for legal capacity affidavits unless there is a documented life-or-death situation.

Required Documents for the Appointment

The U.S. citizen must bring originals plus one photocopy of each:

Valid U.S. passport (must be signed).
Proof of termination of all previous marriages (if any):
- U.S. divorce decree (must show it is final and absolute; “interlocutory” decrees are not accepted).
- Annulment decree.
- Death certificate of former spouse.
- If the divorce/annulment was granted in the Philippines to the Filipino former spouse, the PSA-annotated marriage certificate showing the divorce/annulment.
Birth certificate of the U.S. citizen (recommended but not always demanded).
Completed but unsigned Affidavit of Legal Capacity form (downloadable from the embassy website; you will sign it in front of the consular officer).
Proof of Philippine address is sometimes requested (hotel booking, lease, etc.), but not strictly required.

All foreign-language documents must already have certified English translations if the consular officer cannot read them.

Fees (as of December 2025)

$50 USD per notarial seal (one seal per affidavit).
Payment is accepted only in U.S. dollars or Philippine pesos (cash) or by major credit card. Exact change in USD is appreciated.

The fee is non-refundable even if the consular officer refuses to notarize the affidavit (e.g., because previous divorce documentation is insufficient).

The Appointment Day Procedure

Arrive 30–45 minutes early. Security screening is strict (airport-style).
Only the applicant is allowed inside; companions wait outside unless they have their own appointment.
You will be called to a window, submit documents for review, pay the fee, then be called again to raise your right hand and swear to the truth of the statements.
The entire process usually takes 45–90 minutes.
You receive the original notarized affidavit with gold embassy seal the same day.

Validity Period of the Affidavit

The affidavit is valid for four (4) months from the date of notarization. Most Local Civil Registrars strictly enforce this. Plan your embassy appointment so that you will file for the marriage license within that 4-month window.

After Obtaining the Affidavit: Next Steps at the Local Civil Registrar

The U.S. citizen’s affidavit does not require DFA authentication/red-ribbon because it is already a consular document.
Submit the following to the Local Civil Registrar where the Filipino resides or where the marriage will take place:
- Affidavit of Legal Capacity (original with gold seal)
- PSA birth certificate of Filipino partner
- PSA CENOMAR (Certificate of No Marriage) of both parties
- Valid IDs, proof of residence, etc.
- If either party is 18–20 years old: parental consent (notarized)
- If 21–24 years old: parental advice (notarized)
- Widowed/divorced: death certificate or annotated marriage contract
The 10-day posting period begins after submission.
Marriage license is issued on the 11th working day and is valid for 120 days anywhere in the Philippines.

Special Cases and Common Problems

Previous Philippine annulment/divorce of the U.S. citizen: Must present the Philippine court decision and Certificate of Finality + PSA-annotated marriage certificate.
U.S. citizen was previously married in the Philippines: The PSA-annotated marriage contract is essential.
Name discrepancies: Bring all name-change documents (court orders, marriage certificates, etc.).
Same-sex couples: The U.S. Embassy will still execute the affidavit, but no Local Civil Registrar in the Philippines will issue a marriage license because same-sex marriage remains prohibited under Philippine law.
Foreign divorces obtained by the Filipino fiancé(e): The U.S. Embassy does not opine on the validity of the Filipino’s divorce; that is evaluated by the Local Civil Registrar. However, if the Filipino obtained a foreign divorce that is valid under Philippine law (judicial recognition or Article 26 second paragraph), bring the foreign divorce decree + Philippine court recognition or PSA annotation.

Practical Tips from Lawyers Handling Hundreds of These Cases Annually

Book the embassy appointment as soon as you decide to marry; do not wait until you have all other documents ready.
Use multiple devices/browsers when slots open at noon.
Join the Facebook groups “U.S. Embassy Manila Legal Capacity Appointment Alerts” or similar Telegram channels for real-time slot drop notifications.
Schedule the embassy appointment 2–3 months before your target wedding date to allow buffer for the 10-day posting + 120-day license validity.
Have your Filipino partner secure their PSA CENOMAR and birth certificate early (now available online with delivery).

The Affidavit of Legal Capacity to Contract Marriage executed at the U.S. Embassy in Manila remains the single most important document for any U.S. citizen intending to marry validly in the Philippines. Proper timing of the appointment and complete documentation will prevent almost all delays.