In the Philippines, the notion of matrimony is deeply intertwined with legal formalities that guarantee its recognition under the law. One of the primary question many couples ask is whether they can be legally wed without a marriage license or what happens in the absence of marriage license in the philippines. This guide dives into the legal framework, exemptions, and consequences of navigating a union without this essential document.
The Legal Framework of Marriage
According to the laws of the Philippines, a legal license is classified as a essential requirement. In the absence of it, a marriage is typically deemed void from the beginning. However, the law recognizes that certain circumstances allow a couple to marry without obtaining this document 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 license. The official must execute an affidavit stating that the marriage was performed in articulo mortis.
Remote Locations: If the home of one party is situated in a remote area where there are lack of access links to the local registrar, a license may be waived.
Cohabitation for 5 Years: This represents the most frequent scenario. Partners who have lived together as husband and wife for at least five consecutive years and have any judicial obstacle to marrying each other married without marriage license can apply for an affidavit in lieu of a license.
Consequences of the Absence of Marriage License in the Philippines
Beyond of the legal exceptions mentioned above, the absence of marriage license in the philippines results married without marriage license in a null marriage. This implies that in the view of the law, the marriage never existed.
Asset Ownership: Without a valid marriage, the rules of co-ownership might not be enforced, potentially leading in conflicts married without marriage license over property.
Status of Children: Children produced within a null marriage may be classified not legitimate except certain legal protections are triggered.
Inheritance: If one partner die, the remaining party might not automatically receive the married without marriage license property as a legal heir.
How to Verify Your Marriage is Legal
Should you plan to be married without marriage license under the cohabitation exemption, ensure that you speak with a qualified expert. The missing license in the Philippines owing to negligence is vastly distinct from a legal exemption.
Forever double-check that the solemnizing person—whether a judge, priest, or official—is authorized by the government to conduct the ceremony.
Conclusion
Understanding the complexities of matrimony is vital for every couple. While you can legally be married without marriage license under specific conditions, knowing why the lack of a license in the Philippines can void your vows is crucial absence of marriage license in the philippines for securing your future.