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Laws governing foreigners marrying Filipinas

Laws governing foreigners marrying Filipinas
"I am foreigner with a Filipina girlfriend who is 20 years old. I came to the Philippines in 2008. My girlfriend and I have already set a date for our wedding in Manila and the preparations for the big day are well underway. However, when we attempted to obtain a marriage license, we were disappointed to find out that it will take a long time before we can get one and our set wedding date will come first before the projected release of our marriage license. Is there any way we could dispense with this requirement? RickDear Rick, We gathered from your narration that you plan to marry a Filipina here in the Philippines and that you have tried to obtain a marriage license for that very purpose. However, the requirements under Philippine law thwart the celebration of your marriage on the wedding date you have earlier picked.Under the Philippine law governing this matter or the Family Code of the Philippines, one of the formal requisites of marriage is a valid marriage license. Absent this requirement, the ensuing marriage shall be considered a nullity, subject only to certain exceptions as provided under the law, none of which appear to exist in your case. It is also worthy to note, that your girlfriend being only 20 years of age should first obtain parental consent before a marriage license will be issued because the manifestation of said consent must be appended to the application for marriage license. (Art. 14, Family Code of the Philippines).Likewise, under the Family Code, pre-nuptial counseling is mandated before the issuance of a marriage license when either or both of the contracting parties need parental consent or advice, to wit: “Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counsellor duly accredited by the government agency to the effect that the contracting parties have undergone marriage counselling. Failure to attach said certificate of marriage counselling shall suspend the issuance of the marriage license for a period of three months from the completion of publication of the application. xxx”Although pre-nuptial coun-seling is not a requisite for a valid marriage, such is needed for the issuance of a marriage license at the soonest possible time or 10 days after the posting of the application for marriage license in conspicuous places within the building where the local civil registrar is housed. (Article 17, Family Code of the Philippines)Furthermore, Article 21 of the Family Code likewise mandates citizens of a foreign country, who wish to get married in the Philippines, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials before they can obtain the necessary marriage license here in the Philippines.It is clear, therefore, that the steps provided for under Philippine laws should be complied with and respected before any person may get married in the Philippines. It is worthy to note at this juncture that such laws pertaining to marriage were not culled for the mere convenience of the parties. Rather, these laws are made to protect the parties and uphold the sanctity of the marriage as an institution. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/
 

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"Laws governing foreigners marrying Filipinas" was written by Mary under the Legal Advice category. It has been read 432 times and generated 0 comments. The article was created on and updated on 15 September 2021.
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