In the Philippines, the concept of matrimony is highly linked with formal formalities that guarantee its recognition under the law. One of the primary question many couples 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 consequences of navigating a union without this essential paperwork.
The Formal Structure of Marriage
Under the laws of the Philippines, a legal license is classified as a essential requirement. In the absence of it, a marriage is typically considered invalid void ab initio. Nevertheless, the law acknowledges that certain circumstances allow a couple to marry without obtaining this document prior to the ceremony.
Exceptions for Being Married Without a Marriage License
There exist particular cases where the law removes the need for a license. These include:
Marriages in Articulo Mortis: If one or each of the partners is dying, the wedding can be solemnized without a license. The solemnizing officer must provide an official statement confirming that the ceremony was performed in articulo mortis.
Remote Locations: If the home of one party is situated in a place where there are no transportation means to the civil registrar, a marriage license may be waived.
Cohabitation for 5 Years: This represents the most frequent exception. Couples who have lived together as a couple for at least 5 uninterrupted absence of marriage license in the philippines years without any legal obstacle to marrying each other may apply for an affidavit in lieu of a license.
The Risks of Absence of Marriage License in the Philippines
Outside of the specific exemptions listed above, the lack of a license in the country absence of marriage license in the philippines results in a void marriage. This implies that in the view of the law, the marriage never take place.
Asset Rights: Without a legal marriage, the married without marriage license laws of absolute community may not be enforced, married without marriage license possibly leading in conflicts over property.
Legitimacy of Children: Kids produced under a null marriage might be classified illegitimate except certain legal provisions apply.
Succession: Should one spouse pass away, the remaining party may not automatically receive the property as a legal spouse.
How to Ensure Your Union is Legal
If you intend to be wed without a license under the five-year exemption, ensure that you speak with a qualified expert. An missing license in the Philippines due to oversight is vastly different from a lawful exemption.
Forever double-check that the solemnizing person—whether a judge, minister, or official—is authorized by the state to perform the wedding.
Conclusion
Navigating the intricacies of matrimony is vital for every pair. While you can technically be married without marriage license in strict circumstances, understanding why married without marriage license the lack of a license in the Philippines might invalidate your union is crucial for securing your future.