Certificate of capacity to marry from consulate office sufficient to get a marriage license
"I am engaged to be married to my foreigner fiancé, who is divorced for five years. We already have the divorce certificate and certificate of capacity to be married issued by his embassy. Does he still need to file a petition for divorce recognition here or is the submission of CENOMAR and the certificates enough for us to get married?Naomi
Dear Naomi,One of the formal requirements for a valid marriage is a marriage license. It is a document which must be secured first before marriage may be solemnized. However, it is not required in the following circumstances: when the marriage was made in articulo mortis or at point of death if the residence of either of the parties is located that there is no means of transportation to enable such party to appear personally before the local civil registrar marriages among Muslims or among members of the ethnic cultural communities and, when a man and a woman have lived together as husband and wife for at least five (5) years and without any legal impediment to marry each other (Article 2 and Chapter 2, Family Code).
A marriage license, when needed, is issued by the local civil registry of the place where either of the contracting parties resides. It is issued by the civil registrar after submission of their birth certificates or baptismal certificate, in case the party has no birth certificate. However, in case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of birth certificate or baptismal certificate, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage. The parties shall likewise be required parental consent if he/she is between the ages of eighteen and twenty-one and parental advise if the parties are between the ages of twenty-one and twenty-five. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials (Articles 9-21, Family Code of the Philippines). According to you, you are engaged to be wed to your foreign fiancé. As above stated, a foreign national who wish to be wed in the Philippines under our laws must obtain a certificate of capacity to marry issued by his diplomatic or consulate office, which document was already secured by your fiancé. This certificate is sufficient for a marriage license to be issued. A decision involving the recognition of his divorce decree, pursuant to his divorce five (5) years ago, in Philippine courts is not necessary except when such previous marriage was solemnized in the Philippines and registered in our local civil registry/National Statistics Office (NSO). A CENOMAR or certificate of no marriage issued by the NSO reflecting a negative result of marriage may likewise be submitted.
Please be reminded that the above legal opinion is solely based on our appreciation of the facts that you have stated in your problem. The opinion may vary when the facts stated therein are added or elaborated."
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"Certificate of capacity to marry from consulate office sufficient to get a marriage license"
was written by Mary
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comments. The article was created on 14 September 2021
and updated on 14 September 2021