Getting Married in the Philippines: What the Family Code Requires

Article 1 of the Family Code defines it:

The same article says the nature, consequences and incidents of marriage are governed by law and are not subject to stipulation. The couple can agree only on their property relations, through marriage settlements. See Prenuptial agreements.

The Family Code sets two groups of requisites:

Article 4 says what happens when something goes wrong. If a requisite is absent, the marriage is void from the beginning, with one exception in Article 35(2). If an essential requisite is only defective, the marriage is voidable. A mere irregularity in a formal requisite does not affect validity, but the persons responsible may be liable. The six void marriages are listed in Article 35. See void marriage and voidable marriage.

The legal age is 18 (Article 5). A marriage of anyone below 18 is void even if the parents agree, and Republic Act No. 11596 makes child marriage a crime: see Child marriage ban.

See Marrying at 21 to 25: do you need your parents' advice?

Each partner files an application with the local civil registrar of the city or municipality where either one habitually lives, with a birth certificate or other proof of age and, if previously married, proof that the earlier marriage has ended. The registrar posts a notice for ten days. The license is then valid for a limited time:

See Marriage license requirements. The Family Code articles on the license do not mention a CENOMAR, but the local civil registrar may ask for other documents; how to request one from the PSA is in our CENOMAR guide.

The Family Code lists a few cases, among them a party at the point of death, a place with no means of transport to the civil registrar, and marriages among Muslims or members of ethnic cultural communities performed under their own rites. The most used is Article 34:

In Niñal v. Bayadog (2000), the Supreme Court held that the five years must be free of any legal impediment the whole time: years spent together while one partner was still married to someone else do not count. Outside these cases, a marriage without a license is void, and a church ceremony or a signed marriage contract does not cure it. See Is a marriage without a license valid?

Article 7 lists the officers with authority: judges within their court's jurisdiction; priests, rabbis, imams and ministers authorized by their church and registered with the civil registrar general, when at least one of the couple belongs to their church; ship captains, airplane chiefs and certain military commanders, only for marriages at the point of death; and Philippine consuls for marriages between Filipinos abroad. The Local Government Code (Sections 444 and 455) also gives municipal and city mayors the power to solemnize marriages, "any provision of law to the contrary notwithstanding". A marriage by an officer without authority is void, unless one of the parties believed in good faith that the officer had it.

• A foreign partner must submit a certificate of legal capacity to contract marriage, issued by his or her own diplomatic or consular officials, before the license is issued (Article 21). Stateless persons and refugees submit an affidavit instead. See Marrying a foreigner.
• A marriage abroad is valid in the Philippines if it was valid where celebrated, except for the kinds of marriage Article 26 lists, such as one involving a party below 18.
• A foreign divorce. Under the second paragraph of Article 26, added by Executive Order No. 227, a Filipino married to a foreigner may remarry when a valid divorce obtained abroad lets the foreign spouse remarry. The Supreme Court widened this rule in Republic v. Orbecido (2005) and Republic v. Manalo (2018). See Is a foreign divorce valid in the Philippines?
• A marriage for a visa or citizenship is still valid if the couple really consented: in Republic v. Albios (2013), the Court held that the motive does not make the marriage void.

The spouses take on the duties of Article 68, such as living together and giving each other help and support (see Duties of husband and wife), and, without a prenuptial agreement, their property is governed by absolute community of property (Article 75). See Absolute community vs conjugal partnership. A married woman may keep her maiden name: see Can a married woman keep her maiden name? The marriage certificate is requested from the PSA: see the marriage certificate guide.

A marriage ends or is undone only by death or by a court judgment; a church annulment alone does not change civil status (Is a church annulment valid?). Marrying again while a first marriage subsists can be bigamy. For ending a marriage, see Annulment in the Philippines.

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

Ana, 19, and Ben, 23, want to marry. Ana needs the written consent of a parent or guardian under Article 14. Ben must ask his parents for advice under Article 15; if they do not give it, his license is released three months after publication. Both attach a certificate of marriage counseling.

Carlo and Dina have lived together for six years, but for the first three Carlo was still married to someone else. Following Niñal, they do not meet the five-year rule of Article 34, so they need a marriage license.

Lena, a Filipina, plans to marry Tom, a foreigner, in Cebu. Before the license is issued, Tom must submit a certificate of legal capacity to marry from his country's embassy or consulate (Article 21).

Most couples do not need a lawyer to marry. Get legal help if one of you was married before, if a previous marriage was ended abroad, if you plan to marry without a license under one of the exceptions, or if you want a prenuptial agreement. Mistakes in these cases can make a marriage void. If you cannot afford a lawyer, see Free legal help in the Philippines.