In the Philippines, the concept of matrimony is highly intertwined with formal formalities that ensure its recognition under the law. One of the primary inquiry many couples pose is whether they can be legally wed without a marriage license and what happens in the lack of a marriage license in the Philippines. This guide delves into the legal framework, exceptions, and implications of navigating a union without this vital document.
The Formal Framework of Marriage
Under the Family Code of the Philippines, a legal license is considered a essential requisite. In the absence of it, a marriage is generally considered void void ab initio. However, the law acknowledges that certain situations allow a man and woman to unite without obtaining this license beforehand.
Exceptions for Being Married Without a Marriage License
There exist specific cases where the law waives the requirement for a marriage license. Such scenarios are:
Marriages in Articulo Mortis: In the event that one or both of the partners is dying, the wedding can be performed without a prior license. The solemnizing officer should provide an affidavit confirming that the marriage was done in emergency.
Isolated Locations: If the residence of one party is absence of marriage license in the philippines situated married without marriage license in a place where there are lack of access links to the local registrar, a marriage license may be omitted.
Cohabitation for Five Years: This represents the most frequent scenario. Couples who have cohabited as a couple for at least five consecutive years and have any judicial impediment to marrying each other can opt for an affidavit in lieu of a license.
The Risks of 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 view of the law, the marriage never existed.
Asset Ownership: Lacking a valid marriage, the rules of co-ownership may not be enforced, possibly leading in disputes over property.
Legitimacy of Offspring: Children produced under a void marriage might be considered illegitimate except absence of marriage license in the philippines specific family protections apply.
Succession: If one partner die, the surviving party may not automatically receive the estate as a legal heir.
How to Verify Your Union is Legal
Should you plan to be married without marriage license under the five-year exemption, ensure that you consult a legal lawyer. The missing license in the Philippines owing to negligence is vastly different from absence of marriage license in the philippines a lawful waiver.
Forever verify that the officiating person—whether a judge, minister, or official—is authorized by the state to conduct the wedding.
Conclusion
Navigating the intricacies of matrimony married without marriage license is essential for every couple. While you can technically be married without marriage license under strict circumstances, knowing why the lack of a license in the Philippines might void your union is important for securing your shared life.