The Civil Code of the Philippines stipulates the essential requisites or requirements for a valid marriage.
- Legal capacity of the contracting parties;
- Their consent freely given;
- Authority of the person performing the marriage and
- A marriage license.
The fourth requirement needs some time to prepare to provide the necessary papers especially if the spouse-to-be is a foreigner.
Here are the steps to do to acquire the marriage license.
The first thing to do is to file a sworn application with the respective Civil Registrar where either one of the Spouse reside stating important information such as the names, place and date of birth, if previously married, how it is annulled, and information about parents or guardians.It is required to submit the birth or baptismal certificates of the parties.If none, a copy must be requested to those who hold it. However, affidavits or residence certificates may apply in the absence of birth/baptismal certificates. Statements from those who have authority holding the records will be required to certify that attempts were made to get these certificates. It does not even need for these certificates through the help of parents identifying the to-be-married child as their own.
If one is previously married, the death certificate of the previous spouse, decree of annulment or divorce may be submitted in lieu of the birth certificate. This will serve as proof that no legal impediment exist against the marriage of the parties.
Contracting parties ages between 18 to 21 needs parents/guardians consent. This means that parents shall accompany young adults who are going to be married and give certification that they consented to the marriage.
Parental advice is needed for parties aging 21 to 25. Resistance will require suspension of the license for three months. In absence of parents, guardians will replace the parents to comply with the requirement.
Marriage counseling is needed for those who need parental advice or consent. Marriage counseling is done by any of the government’s representative to be held as a requirement for the marriage. Other than this, the couple will undergo a series of seminars from DSWD and Population Commission Office for family related seminars.
Certificate of No Marriage (CENOMAR) is also required for single contracting parties as proof of singleness. The CENOMAR shall be requested from the records of the National Statistics Office (NSO) who has the copy of this record.
Other requirements include residence certificates, Barangay clearance, IDs and pictures attached to the application.
For foreigners marrying a Filipino/Filipina, Certificate of Legal Capacity to Contract Marriage is needed issued from the embassy of the foreigner’s country as a proof of his/her civil status to marry. The Certificate of Legal Capacity to Contract Marriage will be accompanied by original or certified true copy of the birth certificate, divorce decree or death certificate of deceased spouse if applicable and a Moral Character Reference from a leader, social worker, teacher or minister who knows the foreigner.
If these steps are complied with, then the marriage license will be issued by the Government who approve the conducting of the marriage for civil or church wedding. A notice for a few days will be posted in conspicuous places about the application of the license informing the whole world the upcoming marriage of the parties to give a chance to those who are aggrieved to oppose the marriage. Without opposition, the ceremonies will commence. A period of 120 days will be given to couples for the use of the license otherwise it will expire after the lapse of 120 days.