In the Philippines, the concept of matrimony is highly intertwined with legal requirements that ensure its recognition under the law. A crucial inquiry many couples ask is whether they can be legally wed without a marriage license or what occurs in the absence of marriage license in the philippines. This article delves into the legalities, exceptions, and implications of entering a union without this vital paperwork.
The Formal Structure of Marriage
According to the Family Code 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 unite without securing this license prior to the ceremony.
Exceptions for Being Married Without a Marriage License
There exist particular cases where the law removes the need for a marriage license. Such scenarios are:
Union in Point of Death: In the event that one or each of the partners is dying, the wedding can be performed without a prior license. The official should provide an official statement confirming that the ceremony was done in articulo mortis.
Remote Locations: If the residence of either party is located in a place where there are no transportation links to the civil registrar, a marriage license can be omitted.
Live-in Relationships for 5 Years: This is the most common exception. Couples who have lived together as a couple for at least 5 uninterrupted years and have any judicial impediment to marry each other can apply for an exemption affidavit in lieu of a license.
The Risks of Absence of Marriage License in the Philippines
Outside of the legal exceptions listed married without marriage license 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 did not take place.
Asset Rights: Without a valid marriage, married without marriage license the laws of co-ownership might not apply, potentially leading in conflicts over property.
Legitimacy of Children: Children produced married without marriage license within a void marriage may be classified not legitimate except certain legal protections are triggered.
Inheritance: If one married without marriage license partner die, the remaining party might not automatically receive the property as a legal 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 vastly distinct from a legal exemption.
Forever verify that the solemnizing person—whether a magistrate, priest, or official—is licensed by the government to conduct the wedding.
Conclusion
Understanding the intricacies of matrimony is vital for any couple. While you can legally be wed without a license under specific conditions, understanding why the lack of a license in the Philippines can invalidate your union absence of marriage license in the philippines is crucial for securing your future.