Marriage License Requirements in the Philippines

The Family Code has two sets of requirements. The essential requisites are about the couple:

The formal requisites are about the wedding itself:

If one of these requisites is missing, the marriage is void from the start (Article 4). There is one narrow exception: a wedding by an officer who had no authority is not void if one or both of you believed in good faith that the officer had it (Article 35(2)). A defect in an essential requisite, such as consent obtained by fraud, makes the marriage voidable, which means it can be annulled (Articles 4 and 45). A mere irregularity in the formal requisites does not make the marriage invalid, but the persons responsible can be held civilly, criminally and administratively liable (Article 4).

Articles 37 and 38 list people who cannot marry each other, such as a parent and child, brothers and sisters, blood relatives up to the fourth civil degree (first cousins included), or a step-parent and step-child. A marriage of anyone below 18 is void, even if the parents agree (Article 35(1)). Republic Act No. 11596 also makes it a crime to arrange or officiate such a marriage: see Child marriage ban (RA 11596).

The license is issued by the local civil registrar of the city or municipality where either of you habitually resides (Article 9). Each of you files a separate sworn application (Article 11). The application states, among other things, your full name, place and date of birth, civil status, citizenship, your parents' names, and how any earlier marriage ended.

The Family Code asks for these:

• Birth certificate. The registrar asks for your original birth certificate or, if you do not have it, your baptismal certificate (Article 12). If both are lost or destroyed, the article allows other proof, such as a sworn statement of two witnesses. You can order a PSA copy online: see PSA birth certificate online.
• Proof that an earlier marriage ended. If you were married before, you give the death certificate of your late spouse, or the court decree of divorce, annulment or declaration of nullity (Article 13).
• Certificate of legal capacity, for foreigners. A foreign partner submits a certificate of legal capacity to contract marriage from his or her country's diplomatic or consular officials (Article 21). See Marrying a foreigner.
• Parental consent or advice, and a counseling certificate, depending on your age (below).

The articles on the license do not mention a CENOMAR (certificate of no marriage record) or a pre-marriage seminar for every couple. Your local civil registrar may ask for other documents, so ask that office before you apply. If you want to check your own civil status record, see How to get a CENOMAR.

Yes. If you are between 18 and 21 and were not married before, you need consent from your father, mother, surviving parent, guardian or the person having legal charge of you, in that order (Article 14). The consent is given in one of two ways:

Republic Act No. 6809, approved in 1989, lowered the age of majority to 18, but it kept this rule. It says that contracting marriage "shall require parental consent until the age of twenty-one." A marriage of a party aged 18 to 20 without this consent can be annulled, unless that party freely lived with the spouse as husband and wife after turning 21 (Article 45(1)).

You do not need consent, but you must ask your parents or guardian for advice (Article 15). You attach a sworn statement that you asked, plus the written advice if any. If you did not get advice, or the advice was against the marriage, the license is released only three months after the notice period ends (Article 15).

Only when parental consent or advice is needed, that is, when one of you is 18 to 25. Then you attach a certificate that you went through marriage counseling, from a priest, imam or minister authorized to solemnize marriages, or from an accredited marriage counselor (Article 16). If only one of you needs it, the other must also attend. Without the certificate, the license is held for three months. If a license is issued during that period anyway, the marriage is still valid; the registrar who issued it may face sanctions (Article 16).

The registrar posts a notice with your names and details for 10 consecutive days on a public bulletin board. The notice asks anyone who knows of an impediment to tell the registrar. The license is issued after the 10 days (Article 17). If someone reports an impediment, the registrar writes it down but still issues the license, unless a court orders otherwise (Article 18).

So the shortest wait set by law is the 10-day posting. Add three months when the Article 15 or Article 16 waiting period applies.

The Family Code does not give an amount. The registrar collects "the fees prescribed by law or regulations", and no other fee or tax may be charged for the license (Article 19). It is free for indigent parties:

Ask your local civil registrar for the fee it charges.

You can use the license for a wedding in another city or province, as long as you marry within the 120 days.

Article 7 lists who may solemnize a marriage: a sitting judge within the court's jurisdiction; a priest, rabbi, imam or minister registered with the civil registrar general, when at least one of you belongs to that church or sect; and, in special cases, a ship captain, airplane chief, military commander or consul. The wedding takes place publicly in the judge's chambers or open court, a church, chapel or temple, or a consulate. Other places are allowed only for a marriage at the point of death, a marriage in a remote place, or when you both ask the officer in writing and name the house or place in a sworn statement (Article 8).

After the wedding, the officer sends copies of the marriage certificate to the local civil registrar within 15 days (Article 23). Later you can order a PSA copy: see PSA marriage certificate.

Only in a few cases: when a party is at the point of death (Article 27), when there is no means of transport to reach the registrar (Article 28), for Muslims and members of ethnic cultural communities married under their own customs and rites (Article 33), and for a man and a woman who have lived together as husband and wife for at least five years with no legal impediment (Article 34). Outside these cases, a marriage without a license is void. See Is a marriage without a license valid?

These are made-up examples to show how the rules work. They are not advice for any real case.

Paolo (27) and Grace (24) apply at the civil registrar of Grace's city. Because Grace is 24, she must ask her parents' advice (Article 15), and both of them attend counseling (Article 16). The notice is posted for 10 days. If the advice is favorable and they bring the counseling certificate, the license can then be issued and used anywhere in the Philippines for 120 days.

Leo (19) and Kim (20) may marry, because both are at least 18. Each of them needs consent from a parent (Article 14) and they need a counseling certificate (Article 16).

Arnel (32) was married before, and a court declared that marriage void. With his application, he gives a copy of the court decree (Article 13).

Most couples get a marriage license without a lawyer. Talk to one if a past marriage was never settled in court, if you are not sure a divorce abroad is recognized here, if someone has reported an impediment to the registrar, or if you plan a prenuptial agreement, which has to be signed before the wedding: see Prenuptial agreement in the Philippines.

If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.