In the Philippines, the concept of matrimony is highly linked with legal requirements that ensure its validity under the law. A crucial inquiry many partners pose is whether they can be married without marriage license and what happens in the lack of a marriage license in the Philippines. This guide dives into the legal framework, exemptions, and implications of entering a union without this vital 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 specific situations permit a man and woman to unite without securing this license prior to the ceremony.
Exceptions for Being Married Without a Marriage License
There exist specific instances where the law waives the requirement for a license. These include:
Marriages in Articulo Mortis: If one or each of the partners is dying, the wedding can be performed without a prior license. The solemnizing officer must execute an affidavit stating that the ceremony was done in emergency.
Isolated Places: If the residence of either party is located in a place where there are lack of access means to absence of marriage license in the philippines the local registrar, a license may be waived.
Live-in Relationships for 5 Years: This represents the most frequent exception. absence of marriage license in the philippines Couples who have lived together as a couple for at least 5 uninterrupted years and have any legal impediment to marry each other may apply for an affidavit instead of a license.
Consequences of the Absence of Marriage License in the Philippines
Beyond of married without marriage license the legal exemptions listed above, the lack of a license in the country leads in a null marriage. This implies that in the eyes of the law, the marriage never take place.
Asset Ownership: Lacking a legal marriage, the laws of co-ownership may not apply, potentially resulting in conflicts over assets.
Legitimacy absence of marriage license in the philippines of Offspring: Kids produced under a void marriage might be considered illegitimate unless specific family provisions are triggered.
Succession: If one partner pass away, the remaining party may not automatically inherit the property as a rightful heir.
How to Verify Your Marriage is Valid
Should you intend to be married without marriage license under the cohabitation exemption, ensure that you consult a qualified expert. The missing license in the Philippines owing to negligence is completely distinct from a legal exemption.
Forever double-check that the solemnizing person—whether a judge, minister, or official—is authorized by the state to conduct the ceremony.
Summary
Understanding the intricacies of matrimony is vital for any pair. While absence of marriage license in the philippines you can technically be wed without a license in strict circumstances, understanding why the absence of marriage license in the philippines might invalidate your union is crucial for protecting your shared life.