In the Philippines, the concept of matrimony is highly linked with formal requirements that guarantee its recognition under the law. A crucial inquiry many partners ask is whether they can be married without marriage license and what happens in the absence of marriage license in the philippines. This guide dives into the legal framework, exemptions, and implications of navigating a union without this essential document.
The Legal Structure of Marriage
Under the Family Code of the Philippines, a marriage license is classified as a formal requisite. Without it, a marriage is generally deemed void void ab initio. Nevertheless, the law acknowledges that certain situations permit a couple to marry without securing this document beforehand.
Exceptions for Being Married Without a Marriage License
There exist particular cases where the law removes the need for a marriage license. Such scenarios are:
Union in Articulo Mortis: In the event that one or both of the parties is at the point of death, the wedding can be solemnized without a prior license. The official should provide an affidavit confirming that the marriage was done in articulo mortis.
Isolated Locations: If the home of either party is situated in a remote area where there are lack of access links to the local registrar, a marriage license may be omitted.
Cohabitation for Five Years: This represents married without marriage license the most frequent exception. Couples who have cohabited as husband and wife for at least five uninterrupted years and have any legal obstacle to marrying each other may opt for an affidavit instead of a license.
Consequences of the Absence of Marriage License in absence of marriage license in the philippines the Philippines
Beyond of the specific exemptions listed above, the absence of marriage license in the philippines leads in a null marriage. This means that in the view of the law, the marriage never take place.
Property Ownership: Without a legal marriage, the laws of absolute community may not apply, potentially resulting in disputes over property.
Legitimacy of Children: Kids produced under a void marriage may be considered not legitimate unless certain family provisions are triggered.
Inheritance: If one spouse die, the remaining party might not legally receive the estate as a legal heir.
Steps to Ensure Your Union is Legal
Should you plan to be wed without a license based on the cohabitation absence of marriage license in the philippines rule, ensure that you consult a legal lawyer. An absence of marriage license in the philippines due to oversight is completely distinct from a legal exemption.
Forever verify that the officiating officer—whether a judge, minister, or imam—is licensed by the state to perform the ceremony.
Summary
Understanding the complexities of matrimony is vital for every couple. While you can technically be married without marriage license in specific conditions, knowing why absence of marriage license in the philippines the married without marriage license lack of a license in the Philippines might void your union is crucial for protecting your future.