In the Philippines, the notion of matrimony is highly intertwined with legal formalities that guarantee its recognition under the law. A primary question many couples ask is whether they can be legally wed without a marriage license or what happens in the lack of a marriage license in the Philippines. This guide dives into the legal framework, exemptions, and consequences of navigating a union without this essential document.
The Legal Structure of Marriage
Under the laws of the Philippines, a legal license is classified as a essential requirement. Without it, a marriage is generally deemed void from the beginning. However, the law recognizes that certain circumstances allow a couple to marry without obtaining this document beforehand.
When You Can Be Married Without a Marriage License
There are specific instances where the law waives the requirement for a license. These include:
Marriages in Articulo Mortis: If one or both of the parties is at the point of death, the marriage can be solemnized without a license. The solemnizing officer must execute an affidavit stating that the marriage was performed in articulo mortis.
Isolated Places: If the home of one party is situated in a remote area absence of marriage license in the philippines where there are lack of access links to the local registrar, a license may be waived.
Cohabitation for Five Years: This represents the most frequent scenario. Partners who have cohabited as husband and wife for at least five consecutive years without any legal obstacle to marrying each other may opt for an affidavit instead of a license.
The Risks of Absence of Marriage License in the Philippines
Beyond of the absence of marriage license in the philippines specific exemptions mentioned above, the absence of marriage license in the philippines results in a void marriage. This implies that in the view of the law, the union never existed.
Property Ownership: Lacking a absence of marriage license in the philippines legal marriage, the rules of absolute community might not be enforced, possibly leading in disputes over assets.
Status married without marriage license of Offspring: Children born within a null marriage might be classified illegitimate except specific family protections apply.
Inheritance: Should one partner pass away, the remaining party may not automatically inherit the property as a rightful married without marriage license heir.
Steps to Verify Your Union is Valid
If you intend to be wed without a license under the five-year exemption, make sure that you consult a qualified lawyer. The absence of marriage license in the philippines owing to oversight is vastly distinct from a lawful exemption.
Forever verify that the solemnizing person—whether a magistrate, priest, or imam—is licensed by the government to perform the wedding.
Conclusion
Navigating the intricacies of matrimony is essential for any couple. While you can technically be wed without a license under specific circumstances, understanding why the lack of a license in the Philippines might invalidate your union is crucial for protecting your shared life.