Marriage of American Citizens in the Philippines
Requirements:
- Certificate of legal Capacity to contract Marriage
- Additional requirements for U.S. Military Personnel
- The Marriage Application Process
- Civil Wedding
CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE
Any foreigner who wishes to marry in the Philippines is required by the Philippine Government to obtain from his/her Embassy a " Certificate of Legal Capacity to Contract Marriage' before filing an application for marriage license. This certification affirms that there are no legal impediments to the foreigner marrying a Filipino (i.e. that the foreigner is already married to someone else).Unlike the Philippines, the U.S. Government does not keep a central statistical registry of births, marriage and death and can not verify this information. Instead, the Philippine Government accepts an "Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage. American may execute this affidavit at the American Embassy in Manila or the U.S. Consular in Cebu. Personal appearance of the American citizen applicant can not be waived, but the fiancé(e) need not be present. Philippine authorities will not accept any substitute document initiated in the United States.
Applicants may apply for the "Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage" at Embassy's American Citizen Services Branch. The Affidavit is notarized by a U.S. consular officer. The consular officer can refuse to perform this services if the document will be used for a purpose patently unlawfully, improper, or inimical to the best interest of the United States Entering into a marriage contract with an alien strictly for the purpose of enabling entry to the United States for that individual is considered an unlawful act.
ADDITIONAL REQUIREMENTS FOR U.S. MILITARY PERSONNEL
U.S. Military personnel should contact their personnel office regarding Department of Defense joint service regulations.
THE MARRIAGE APPLICATION PROCESS
Once an American citizen has obtained from the embassy an Affidavit in Lieu of a Certificate of Legal Capacity to Marry, he/she can file an application for a marriage license at the office of the Philippine Civil Registrar in the town or city . The license is a requirement for either a civil or church wedding in the Philippines. The U.S. citizen applicant will need to present:
- the affidavit in lieu of a certificate of legal capacity
- divorce decree(s) or death certificate(s) required to verify civil status and capacity to marry;
- U.S. passport;
- Documentation regarding the paternal consent or advice , if applicable.
A judge, a minister, solemnizing officer or any other person authorized by the Government of the Philippines can perform the marriage. Marriage applicants age 18 to 21 must have written parental consent. Applicants aged 22 to 24 must have parental advice. Philippine law prohibits the marriage of individuals under the age of 18.
CIVIL WEDDING
A couple who chooses to be married in a civil ceremony will need to apply for a marriage license. Once the license is obtained, they need to go to a judge, minister, solemnizing officer to administer the solemnization of the marriage.