Getting a Marriage License

Where to Apply

Under Article 9 of the Family Code, you get the license from the Local Civil Registrar of the city or town where either of you usually lives. You do not need to apply where the wedding will be held: the license is good anywhere in the Philippines.

Each of you files a separate sworn application (one you swear is true) (Art. 11), which states your full name, age, citizenship, residence, civil status (single, widowed and so on), parents' names and other details. The application is signed under oath, so bring a valid ID and expect to sign in front of the registrar or a notary.

Filipinos marrying abroad apply through the Philippine consulate, where consular officials act as civil registrar (Art. 10).

The 10-Day Posting and When the License Is Released

After you apply, the registrar posts a notice with your names and details on the bulletin board outside the office for 10 consecutive days. Anyone who knows of a legal impediment (a legal reason the two of you cannot marry) can report it (Art. 17). The license is issued after the posting period ends.

If someone reports an impediment, the registrar notes it, but still issues the license after the posting unless a court orders otherwise (Art. 18).

Plan for this: apply at least two to three weeks before the wedding, and do not apply so early that the license expires before the date.

Parental Consent, Parental Advice and Counseling

Where parental consent or advice is needed, you must also present a certificate that you received marriage counseling from a priest, minister, or a counselor accredited by the city or municipality (Art. 16). Without it, the license is held for three months after the posting.

Separately, Republic Act No. 10354 (the Responsible Parenthood and Reproductive Health Act) says no license will be issued unless you present a Certificate of Compliance from the local family planning office, which you get free after instruction on responsible parenthood, family planning, breastfeeding and infant nutrition. Many registrars run this as a pre-marriage orientation and counseling session for all couples. Ask your registrar when the sessions are held.

If You Were Married Before, or One of You Is a Foreigner

• Previously married: bring the Death Certificate of your late spouse, or the court decree of annulment or declaration of nullity of the earlier marriage (Art. 13). See annulment, nullity and legal separation.
• A foreigner: they must hand in a Certificate of Legal Capacity to Contract Marriage (a paper saying they are free to marry) issued by their own diplomatic or consular officials (Art. 21). Stateless persons and refugees give a sworn statement (affidavit) instead. Ask the embassy concerned how it issues the certificate.

Fees and Validity

Only the fees set by law or ordinance may be charged, and very poor (indigent) applicants get the license free (Art. 19). Fees are set locally, so check the registrar's current fee.

The license is valid in any part of the Philippines for 120 days from the date of issue, and is automatically cancelled if not used by then (Art. 20). If it expires, you apply again.

When No License Is Needed

The Family Code lists a few exceptions (Arts. 27 to 34). The one most people ask about is Article 34: a man and a woman who have lived together as husband and wife for at least five years, with no legal impediment to marry each other, need no license. They sign an affidavit stating these facts, and the officer who performs the wedding (the solemnizing officer) must also state under oath that they checked the couple's qualifications. See the Affidavit of Cohabitation template.

A false affidavit is a crime, and a marriage without a license where none of the exceptions really applied can be void (treated as if it never happened). If you are unsure whether you qualify, ask the registrar or a lawyer before the wedding.