In the Philippines, the concept of marriage is deeply linked with formal formalities that ensure its validity under the law. One of the primary question many couples ask is whether they can be married without marriage license or what happens in the absence of marriage license in the philippines. This guide delves into the legalities, exemptions, and consequences of entering a union without this essential paperwork.
The Legal Structure of Marriage
Under the Family Code of the Philippines, a marriage license is classified as a essential requirement. In the absence of it, a marriage is generally deemed void void ab initio. However, the law recognizes that specific circumstances permit a man and woman to marry without obtaining this document beforehand.
When You Can Be Married Without a Marriage License
There are particular cases where the law removes the need for a license. Such scenarios are:
Union in Articulo Mortis: If one or each of the parties is at the point of death, the wedding can be performed without a prior license. The official should provide an official statement stating that the marriage was performed in articulo mortis.
Remote Places: If the residence of one party is situated in a place where there are no access means to the civil registrar, a license may be waived.
Cohabitation for Five Years: This represents the most common scenario. Couples who have lived together as husband and wife for at least five consecutive years without any legal obstacle to marrying each other may apply for an affidavit instead of a license.
Consequences of the Absence of Marriage License in the Philippines
Beyond of the specific exemptions mentioned above, the lack of a license in the country leads in a void marriage. This means that in the eyes of the law, absence of marriage license in the philippines the union did not take place.
Property Rights: Without a legal marriage, the laws of absolute community may not apply, possibly resulting in conflicts over assets.
Legitimacy of Offspring: Kids born under a null marriage might be considered illegitimate unless specific family protections apply.
Succession: Should one spouse pass away, the surviving party may absence of marriage license in the philippines not legally inherit the property as a rightful heir.
Steps to Verify Your Union is Valid
Should you intend 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 absence of marriage license in the philippines philippines owing to oversight is vastly distinct from a lawful exemption.
Forever verify that the solemnizing officer—whether a magistrate, priest, or official—is licensed by the government to conduct the wedding.
Conclusion
Understanding the intricacies of matrimony is absence of marriage license in the philippines vital for any couple. While you can legally absence of marriage license in the philippines be married without marriage license under specific conditions, knowing why the lack of a license in the Philippines can void your union is crucial for securing your future.