The Basic Requirements And Procedures Of Getting Married

Getting married in the Philippines need not be complicated if you know the basic requirements and procedures. Whether it is a civil or church wedding, you need to make ample preparations so your wedding goes as planned. Applying for a marriage license is the first step you need to take as this is the most important document for civil or church wedding. The purpose of a marriage license is to verify your eligibility for marriage.  As much as possible, you should prepare both original and photocopy of the document.

You can claim your marriage license once you have completed the requirements. You will need to present the Certificates of Attendant to the LCR office where you have applied for your license. It is recommended that you file the registration within 15 days from the date of wedding celebration. The license will be released after 10 days from the date of application. The license will be considered valid for 120 days from the date of issue.

Requirements for securing a marriage license:

•    Community Tax Certificate (Cedula)
•    Application Form
•    NSO Authenticated birth certificate
•    Certificate of No Marriage
•    Recent 1x1 Photo
•    Affidavit of parental advice ( for groom or bride 22-25 years old )
•    Affidavit of parental consent (for groom or bride 18-21 years old)

Death certificate of the deceased spouse will be required from a widow or widower, while a certificate of legal capacity issued by the embassy will be required from a foreigner or an applicant who is not a Filipino citizen.

The marriage contract or license can be obtained from the Local Civil Registrar (LCR) office of the Municipal’s Office where the wedding will be held. The application form must be filled out with the necessary information. There are sections intended for groom and bride and after filling out the form, be sure to check the information before submitting the paper. You will be asked to attend seminars before getting married. These seminars are pre-marriage counselling and family planning and responsible parenthood seminar.  Both parties must attend the seminars.

Church wedding requirements:

•    marriage license,
•    baptismal and confirmation certificates
•    copy of NSO birth certificate
•    marriage preparation seminar
•    canonical interview
•    marriage banns
•     list of principal sponsors and entourage members
•     Confession

Civil wedding requirements:

•    Certified true copy of baptismal certificate or birth certificate of both parties
•    Marriage license
•    Community tax certificates
•    1 x 1 photo of each applicant
•    Certificate of attendance to a wedding seminar
•    Letter of intent to marry

Additional information about marriage can be found in Family Code of the Philippines:

“Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a female; and
(2) Consent freely given in the presence of the solemnizing officer. (53a)

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).
A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage.

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer.

Art. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect;
(3) Any ship captain or airplane chief only in the case mentioned in Article 31;
(4)  Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case provided in Article 10.”

Pinoy Attorney

Written by : Pinoy Attorney