In the Philippines, the concept of matrimony is highly intertwined with legal requirements that guarantee its recognition under the law. A primary question many couples ask is whether they can be married without marriage license and what occurs in the lack of a marriage license in the Philippines. This article delves into the legalities, exceptions, and consequences of entering a union without this vital paperwork.
The Formal Structure of Marriage
Under the laws of the Philippines, a marriage license is considered a formal requisite. Without it, a marriage is generally considered invalid void ab initio. Nevertheless, the law acknowledges that specific situations permit a man and woman to marry without obtaining this license prior to the ceremony.
Exceptions for Being Married Without a Marriage License
There are specific cases where the law waives the need for a license. Such scenarios are:
Marriages in Articulo Mortis: If one or both of the partners is dying, the wedding can be performed without a license. The official must execute an official statement stating that the ceremony was done in emergency.
Remote Places: If the residence of one party is situated in a place where there are no access means to the local registrar, a marriage license can be waived.
Live-in Relationships for Five Years: This is the most common scenario. Couples who have cohabited as husband and wife for at least five uninterrupted years and have any judicial obstacle to marrying each other can absence of marriage license in the philippines opt for an exemption affidavit instead of a license.
Consequences of the Absence of Marriage License in the Philippines
Outside of the specific exemptions mentioned above, the lack of a license in the country results in a null marriage. This means that in the eyes of the law, the marriage never existed.
Asset Ownership: Lacking a valid marriage, the rules of absolute community might not be enforced, possibly leading in disputes over property.
Status of Offspring: Children born within a null marriage may be classified illegitimate except specific married without marriage license family protections apply.
Inheritance: Should one partner pass away, the remaining party may not automatically inherit the married without marriage license property as a rightful heir.
Steps to Verify Your Union absence of marriage license in the philippines 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.
Always verify that the solemnizing officer—whether a magistrate, priest, or imam—is licensed by the government to perform the married without marriage license 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.