In the Philippines, the concept of matrimony is highly linked with legal requirements that ensure its validity under the law. One of the primary inquiry many partners pose is whether they can be legally wed without a marriage license or what happens 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
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 recognizes that specific situations permit a man and woman to marry without obtaining this document beforehand.
Exceptions for Being Married Without a Marriage License
There exist specific 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 license. The solemnizing officer must execute an affidavit stating that the marriage was performed in articulo mortis.
Remote Locations: If the residence of one party is situated in a place where there are lack of access means to the civil registrar, a marriage license can be waived.
Cohabitation for Five Years: This is the most common exception. Couples who have cohabited as husband and wife for at least five consecutive years without any legal obstacle to marrying each other may opt for an affidavit instead of absence of marriage license in the philippines a license.
The Risks of Absence of Marriage License in the Philippines
Outside of the specific exemptions listed above, the lack of a license in the country leads in a void marriage. This means that in the eyes of the law, the union did not take place.
Property Rights: Without a valid marriage, the rules of co-ownership might not apply, possibly leading in disputes over property.
Status of Offspring: Children born within a null marriage may be classified not legitimate except certain family protections apply.
Inheritance: If one partner pass away, the surviving party may not legally inherit absence of marriage license in the philippines the estate as a rightful spouse.
Steps to Ensure Your Union is Legal
If you plan to be married without marriage license based on the five-year rule, make married without marriage license sure that you consult a qualified expert. The missing license in the Philippines owing to negligence is completely distinct from a legal waiver.
Forever double-check that married without marriage license the officiating person—whether a judge, minister, or official—is authorized married without marriage license by the government to conduct the ceremony.
Summary
Understanding the complexities of matrimony is vital for any pair. While 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 important for protecting your shared life.