The notion of marriage is deeply intertwined with formal formalities that guarantee its validity under the law. One of the primary 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 dives 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 essential requirement. Without it, a marriage is generally deemed void from the beginning. However, the law recognizes that certain circumstances allow a couple 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 execute 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 license may be waived.
Cohabitation for Five Years: This is the most frequent married without marriage license scenario. Partners who have cohabited as a couple for at least five consecutive years without any legal absence of marriage license in the philippines impediment to marrying each other may opt for an exemption affidavit instead of a license.
The Risks of married without marriage license Absence of Marriage License in the Philippines
Outside of absence of marriage license in the philippines the specific exemptions listed above, the lack of a license in the country leads in a null marriage. This means that in the eyes of the law, the marriage did not take place.
Property Rights: Without a legal marriage, the laws of co-ownership may not apply, possibly resulting in disputes over assets.
Legitimacy of Offspring: Kids born under a null marriage might be considered illegitimate unless specific family protections apply.
Inheritance: Should one partner pass away, the remaining 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 under the five-year exemption, make sure that you consult a legal lawyer. The absence of marriage license in the philippines owing to oversight is vastly different from a lawful exemption.
Always verify that the solemnizing officer—whether a magistrate, minister, or imam—is licensed by the state to perform the wedding.
Conclusion
Navigating the married without marriage license intricacies of matrimony is essential for any couple. While you can legally be wed without a license under specific circumstances, understanding why the lack of a license in the Philippines can invalidate your union is crucial for securing your future.