The concept of matrimony is deeply linked with formal formalities that guarantee its validity under the law. One of the crucial inquiry many couples pose is whether they can be legally wed without a marriage license and what happens in the absence of marriage license in the philippines. This guide delves into the legalities, exemptions, and consequences of entering a union without this essential paperwork.
The Formal Framework of Marriage
Under the Family Code of the Philippines, a legal license is considered a essential requisite. Without it, a marriage is typically deemed invalid from the beginning. Nevertheless, the law recognizes that specific circumstances permit a man and woman to marry without securing this document prior to the ceremony.
When You Can Be Married Without a Marriage License
There exist specific cases where the law waives the need for a license. These include:
Union in Articulo Mortis: In the event that one or both of the partners is dying, the marriage can be performed without a prior license. The solemnizing officer should execute an official statement confirming that the marriage was done in emergency.
Remote Locations: If the home of either party is located in a remote area where there are lack of transportation means to the civil registrar, absence of marriage license in the philippines a license can be omitted.
Cohabitation for Five Years: This represents the most frequent exception. Couples who have cohabited as a couple for at least five consecutive years and have any judicial obstacle to marry each other can opt for an exemption affidavit instead of a license.
The Risks of Absence of Marriage License in the Philippines
Outside of the legal exemptions married without marriage license mentioned above, the absence of marriage license in the philippines leads in a void marriage. This means that in the view of the law, the marriage did not existed.
Asset Rights: Without a legal marriage, the rules of co-ownership may not be enforced, possibly leading in conflicts over assets.
Legitimacy of Offspring: Children absence of marriage license in the philippines produced within a void marriage might be classified illegitimate except certain legal provisions apply.
Inheritance: Should absence of marriage license in the philippines one partner die, the remaining party might not legally inherit the property as a rightful heir.
Steps to Verify Your Union is Legal
If you intend to be married absence of marriage license in the philippines without marriage license under the cohabitation rule, make sure that you consult a qualified expert. An 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, minister, or imam—is licensed by the state to perform the ceremony.
Summary
Navigating the intricacies of matrimony is essential for every couple. While you can legally be wed without a license under strict circumstances, understanding why the absence of marriage license in the philippines might invalidate your union is crucial for securing your future.