In the Philippines, the notion of matrimony is deeply intertwined with legal formalities that guarantee its recognition under the law. A primary question many couples ask is whether they can be legally wed without a marriage license or what happens in the absence of marriage license in the philippines. This guide dives into the legal framework, exemptions, and implications of navigating a union without this essential paperwork.
The Legal Framework of Marriage
According to the Family Code of the Philippines, a marriage license is considered a essential requirement. In the absence of it, a marriage is typically considered invalid void ab initio. Nevertheless, the law acknowledges that specific situations allow a couple to marry without obtaining this document beforehand.
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 stating that the marriage was performed in articulo mortis.
Remote Locations: If the residence of either party is located in a place where there are no access means to the civil registrar, a marriage license can be omitted.
Live-in Relationships for 5 Years: This represents the most common exception. Couples who have lived together as husband and wife for at least five uninterrupted years without any judicial impediment to marrying each other can opt for an affidavit instead of a license.
The Risks of Absence of Marriage License in the Philippines
Beyond of the legal exceptions mentioned above, the absence of marriage license in the philippines leads in a void marriage. This implies that in married without marriage license the eyes of the law, the marriage did not existed.
Property Rights: Lacking a legal marriage, the laws of co-ownership might not apply, possibly resulting in conflicts over assets.
Legitimacy of Children: Kids produced under a married without marriage license void marriage may be considered not legitimate unless certain family protections are triggered.
Inheritance: If one spouse die, the surviving party might not legally receive the married without marriage license property as a rightful heir.
How to Ensure Your Union married without marriage license is Legal
Should you intend to be wed without a license under the five-year exemption, ensure that you consult a qualified lawyer. The absence of marriage license in the philippines owing to negligence is vastly distinct from a lawful exemption.
Forever verify that the solemnizing person—whether a magistrate, priest, or imam—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 shared life.