The concept of marriage is highly linked with formal formalities that ensure its validity under the law. One of the crucial inquiry many partners pose is whether they can be married without marriage license and what happens in the lack of a marriage license in the Philippines. This guide delves into the legalities, exceptions, and consequences of navigating a union without this essential paperwork.
The Formal Structure of Marriage
Under the laws of the Philippines, a legal license is classified as a formal requisite. Without it, a marriage is generally deemed void from the beginning. However, the law recognizes that certain circumstances 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 affidavit stating that the marriage was performed in articulo mortis.
Remote Locations: If the residence of either party is situated in a remote area where there are lack of access means to the civil registrar, a marriage license may be waived.
Cohabitation for Five Years: This is the most common scenario. Partners who have cohabited as a couple for at least five consecutive years without any legal obstacle to marrying each other may opt for an exemption affidavit absence of marriage license in the philippines instead of 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 married without marriage license the country leads in a void marriage. This means that in the eyes of the law, the absence of marriage license in the philippines union did not take place.
Property Rights: Lacking a legal marriage, the laws of absolute community may not apply, possibly resulting in disputes over assets.
Legitimacy of absence of marriage license in the philippines Offspring: Kids born under a void marriage might be considered illegitimate unless specific family protections apply.
Inheritance: Should one spouse pass away, the surviving party may not automatically inherit the property as a rightful heir.
Steps to Verify Your Union is Valid
If you intend to be wed without a license based on the five-year exemption, make sure that you consult a legal lawyer. An absence of marriage license in the philippines owing to oversight is vastly different from a lawful exemption.
Always verify that the officiating officer—whether a magistrate, minister, or imam—is licensed by the state to perform the wedding.
Conclusion
Navigating the intricacies of matrimony is essential for any couple. While you can married without marriage license legally be wed without a license under specific circumstances, understanding why the lack of a license in the Philippines might invalidate your union is crucial for securing your shared life.