Marriage in the Philippines, What You Need to Know ?
Getting married in the Philippines when one spouse is a foreigner can be a beautiful journey, but it requires a clear understanding of the legal requirements for marriage in both the Philippines and the foreign spouse’s country. This article will guide you through the key steps and obligations to ensure your union is legally recognized in both nations.
1. Certificate of Legal Capacity to Marry (CCCM)
One of the most important documents for a marriage between a Filipino and a foreigner is the Certificate of Legal Capacity to Marry. This certificate, issued by the foreign spouse’s embassy or consulate in the Philippines, certifies that the foreigner is legally free to marry.
2. Publication of Marriage Banns
The Philippines requires the publication of marriage banns for at least ten consecutive days before the marriage ceremony. This procedure allows the public to raise any objections to the marriage.
3. Required Documents for the Couple
- Birth certificate (original and certified true copy)
- Passport (for the foreigner)
- Certificate of Legal Capacity to Marry (for the foreigner)
- CENOMAR (Certificate of No Marriage Record) for the Filipino
- Parental consent (if either party is between 18 and 21 years old)
- Residence certificate
4. Marriage License
After submitting the required documents and publishing the banns, the couple must obtain a marriage license. This license is usually issued by the local civil registrar and is valid for 120 days.
Legal Requirements in the Foreign Spouse’s Country
Requirements vary from country to country, but here are common aspects to check:
1. Marriage Recognition
Ensure that the marriage celebrated in the Philippines will be legally recognized in the foreign spouse’s country. This may require registering the marriage with local authorities in that country.
2. Additional Documents
Some countries may require additional documents, such as certified translations or apostilles of the Filipino documents.
3. Additional Ceremony
Certain foreign jurisdictions may require an additional civil or religious marriage ceremony in the spouse’s country for the union to be legally recognized.
Legal Consequences and Rights After Marriage
1. Visa and Immigration
Marriage may impact immigration processes, allowing the Filipino spouse to obtain a visa or residency permit in the foreign spouse’s country.
2. Property and Inheritance Rights
It’s essential to understand the legal implications of marriage on property, inheritance rights, and tax obligations in both countries.
3. Divorce and Annulment
The Philippines does not recognize divorce, except for foreigners married to Filipinos. Therefore, it is crucial to understand the legal options available in case of separation.
Conclusion
A marriage between a Filipino and a foreigner is a rewarding but complex process. By understanding and adhering to the legal requirements in both the Philippines and the foreign spouse’s country, you can ensure your union’s legal recognition and avoid future legal complications. Consulting with an international matrimonial lawyer is recommended to guide you through this process.
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