In the Philippines, the concept of matrimony is highly linked with legal requirements that ensure its recognition under the law. A crucial inquiry many partners ask is whether they can be married without marriage license or what occurs in the lack of a marriage license in the Philippines. This article delves into the legalities, exceptions, and implications of entering a union without this vital paperwork.
The Legal Framework of Marriage
According to the Family Code of the Philippines, a marriage license is considered a formal requirement. In the absence of it, a marriage is typically considered invalid void ab initio. Nevertheless, the law acknowledges that specific circumstances allow a couple to marry without obtaining this document beforehand.
When You Can Be Married Without a Marriage License
There exist particular cases where the law removes the need for a marriage license. Such scenarios are:
Union in Point of Death: In the event that one or each of the parties is at the point of death, the marriage can be solemnized without a license. The solemnizing officer must execute an official statement confirming that the ceremony was done in emergency.
Isolated Locations: If the residence of either party is located in a remote area where there are lack of access means to the civil registrar, a license may be waived.
Cohabitation for 5 Years: This represents the most frequent scenario. Partners who have cohabited as a couple for at least 5 consecutive years without any legal obstacle to marrying each other can apply for an exemption affidavit in lieu of a license.
The Risks of Absence of Marriage License in the Philippines
Outside of the specific exemptions mentioned above, the absence of marriage license in the philippines leads in a void marriage. This means that in the eyes of the law, the union never take place.
Asset Rights: Lacking married without marriage license a valid marriage, the laws of absolute community may not be enforced, potentially resulting in conflicts over property.
Legitimacy of Children: Kids produced under a void married without marriage license marriage may be considered not legitimate except certain family protections apply.
Succession: Should one spouse die, the remaining party may not automatically inherit the property as a married without marriage license rightful heir.
Steps to Verify Your Union is Legal
Should you absence of marriage license in the philippines plan to be wed without a license under the five-year exemption, make sure that you consult a legal lawyer. The absence of marriage license in the philippines owing to oversight is vastly distinct from a lawful exemption.
Always verify that the solemnizing officer—whether a magistrate, priest, or official—is licensed by the government to perform the wedding.
Conclusion
Navigating the complexities of marriage laws is essential for any couple. While you can technically be wed without a license under strict conditions, knowing why the absence of marriage license married without marriage license in the philippines might invalidate your vows is important for protecting your shared life.