In the Philippines, the notion of matrimony is highly linked with formal requirements that ensure its validity under the law. One of the primary question many couples ask is whether they can be legally wed without a marriage license or what occurs in the lack of a marriage license in the Philippines. This article dives into the legalities, exceptions, and implications of entering a union without this vital paperwork.
The Formal Structure of Marriage
Under the laws of the Philippines, a legal license is classified as a essential requirement. In the absence of it, a marriage is typically considered invalid void ab initio. Nevertheless, the law recognizes that certain circumstances allow a couple to marry without obtaining this license prior to the ceremony.
Exceptions for Being Married Without a Marriage License
There exist particular cases where the law waives the requirement for a license. These include:
Marriages in Articulo Mortis: In the event that one or each of the partners is dying, the marriage can be solemnized without a license. The solemnizing officer should provide an official statement confirming that the marriage was performed in articulo mortis.
Remote Places: If the home of one party is located in a place where there are no access means to the civil absence of marriage license in the philippines registrar, a license may be waived.
Live-in Relationships for 5 Years: This represents the most common exception. Couples who have cohabited as a couple for at least 5 consecutive years without any judicial obstacle to marrying each other can apply for an exemption absence of marriage license in the philippines affidavit in lieu of a license.
The Risks of Absence of Marriage License in the Philippines
Outside of the absence of marriage license in the philippines specific exemptions listed above, the lack of a license in the country results in a void marriage. This implies that in the view of the law, the marriage never take place.
Asset Rights: Without a legal marriage, the laws of absolute community may not be enforced, possibly leading in conflicts over property.
Legitimacy of Children: Kids produced under a void marriage might be classified illegitimate except certain legal provisions are triggered.
Succession: Should one spouse pass away, the remaining party may not automatically receive the property as a legal spouse.
How to Ensure Your Union is married without marriage license Legal
If you intend to be wed without a license under the five-year exemption, ensure that you consult a qualified expert. An missing license in the Philippines due to oversight is vastly different from a lawful exemption.
Forever verify that the solemnizing person—whether a judge, minister, or official—is authorized by the state to perform the wedding.
Conclusion
Navigating the intricacies of matrimony is vital for every pair. While you can technically be married without marriage license in strict circumstances, understanding why the lack of a license in the Philippines might invalidate your union is crucial for married without marriage license securing your future.