The concept of matrimony is highly linked with formal requirements that guarantee its recognition under the law. One of the crucial inquiry many partners pose is whether they can be legally wed without a marriage license and what happens in the lack of a marriage license in the Philippines. This article delves into the legalities, exemptions, and implications of navigating a union without this essential paperwork.
The Formal Structure of Marriage
According to the laws of the Philippines, a legal license is considered a formal requisite. In the absence of it, a marriage is typically deemed void void ab initio. However, the law recognizes that certain circumstances allow a couple to marry without securing this license prior to the ceremony.
Exceptions for Being Married Without a Marriage License
There are specific cases where the law waives the need for a marriage license. Such scenarios are:
Marriages in Articulo Mortis: In the event that one or each of the parties is at the point of death, the marriage can be performed without a prior license. The solemnizing officer must execute an official statement confirming that the marriage was performed in emergency.
Isolated Locations: If the residence of one party is situated in a place where there are no access means to the local registrar, a license can be waived.
Cohabitation for married without marriage license Five Years: This represents the most frequent married without marriage license exception. Partners who have cohabited as husband and wife for at least five uninterrupted years without any legal obstacle to marry each other may apply for an absence of marriage license in the philippines exemption affidavit instead of a license.
The Risks of Absence of Marriage License in the Philippines
Beyond of the legal exceptions mentioned above, the lack of a license in the country leads in a void marriage. This implies that in the view of the law, the union never take place.
Property Rights: Without a valid marriage, the rules of co-ownership may not apply, possibly resulting in conflicts over property.
Legitimacy of Offspring: Children produced under a void marriage may be considered not legitimate unless specific legal provisions are triggered.
Inheritance: If one partner pass away, the remaining party might not legally inherit the property as a rightful spouse.
How to Verify Your Union is Legal
Should you intend to be married without marriage license under the five-year exemption, ensure that you consult a absence of marriage license in the philippines qualified lawyer. The missing license in the Philippines owing to negligence is vastly different from a lawful exemption.
Always double-check that the solemnizing person—whether a magistrate, priest, or official—is authorized by the government to perform the wedding.
Summary
Understanding the intricacies of matrimony is essential for any pair. While you can legally be married without marriage license under strict circumstances, knowing why the absence of marriage license in the philippines might absence of marriage license in the philippines invalidate your vows is crucial for securing your shared life.