Absence of Marriage License in the Philippines: What It Means and What You Should Know

 Marriage is a significant legal and social contract, but in the Philippines, it comes with strict legal requirements. One crucial requisite is the possession of a valid marriage license. Without it, the consequences are severe and often misunderstood. Let’s dive into the realities of the absence of marriage license in the Philippines, what it means if you were married without marriage license, and what steps you can take.

What Is the Absence of Marriage License in the Philippines?

In the Philippines, a marriage license is a legal document issued by the local civil registrar that authorizes a couple to marry. It is not just a formality; it is a fundamental requirement for a valid marriage. The absence of marriage license in the Philippines means that the couple did not secure this legal authorization before solemnizing their union.

Generally, if a marriage is solemnized without a marriage license, it is considered void from the beginning - legally, it is as if the marriage never happened23. This rule applies unless the marriage falls under specific exceptions, such as:

  • Marriage in articulo mortis (when one party is gravely ill and near death)

  • Marriages among Muslims or members of ethnic communities governed by their own personal laws

  • Couples who have cohabited as husband and wife for at least five years without legal impediments1

Outside these exceptions, the absence of marriage license in the Philippines renders the marriage null and void.

Why Is a Marriage License So Important?

The marriage license serves as the State’s confirmation that both parties are legally capable of marrying. It ensures that:

  • Both parties are of legal age or have the necessary consent

  • Neither party is currently married to someone else

  • There are no legal impediments to the marriage

Obtaining a marriage license involves submitting documents such as birth certificates, community tax certificates, and sometimes proof of single status (Certificate of No Marriage or CENOMAR). The process also includes a mandatory public posting period of 10 days to allow objections28.

Without this license, the State has no record or assurance that the marriage complies with legal standards.

What Happens If You Were Married Without a Marriage License?

If you were married without marriage license, your marriage is legally void ab initio. This means:

  • The marriage has no legal effect from the start.

  • You are not considered legally married.

  • You cannot claim spousal rights or benefits under Philippine law.

  • If you attempt to remarry without resolving this, you risk charges of bigamy27.

This can be a harsh reality, especially for couples who believed their marriage was valid.

Can You Remarry If Your Marriage Was Without a License?

Yes, but not immediately. Since your previous marriage is void, you must first obtain a court declaration of nullity to legally confirm this status. This involves:

  • Filing a petition for declaration of nullity of marriage in Family Court

  • Presenting evidence that a marriage license was required but not obtained

  • Testifying and presenting witnesses such as the civil registrar to prove the absence of a license

Only after the court issues a judgment declaring the marriage null and void, and this is recorded in the civil registry, can you legally remarry2.

What If Your Marriage Was Solemnized But Not Registered?

It’s important to distinguish between the absence of a marriage license and failure to register the marriage. While the former voids the marriage, the latter does not necessarily do so. A marriage performed with a valid license but not registered can still be valid if there is evidence of compliance with legal requisites59.

Actionable Steps If You Face the Absence of Marriage License in the Philippines

  1. Verify your marriage documents. Check if a marriage license was obtained and if the marriage was registered.

  2. Consult a family law attorney. They can help assess your situation and guide you through the legal process.

  3. File for declaration of nullity if married without a license. This is necessary to clear your marital status legally.

  4. Prepare for court proceedings. Gather evidence, witnesses, and documents to prove the absence of a marriage license.

  5. Wait for the court’s decision before remarrying. Remarrying before the nullity is declared can lead to legal complications.

Conclusion

The absence of marriage license in the Philippines is not a trivial matter. It strikes at the heart of the marriage’s legal validity. If you were married without marriage license, your union is considered void, and you must take legal steps to rectify your status before moving forward. Understanding these legal nuances protects your rights and ensures your future marriages are valid and recognized.

For a detailed explanation and legal guidance, you can visit this resource on what it means if you were married without a marriage license.

This knowledge empowers you to navigate the complexities of marriage law in the Philippines with confidence and clarity!

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