The notion of marriage is deeply linked with formal formalities that ensure 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 legal framework, exceptions, and consequences of navigating a union without this essential document.
The Legal Structure of Marriage
Under the laws of the Philippines, a legal license is classified as a essential requirement. In the absence of it, a marriage is generally deemed void from the beginning. However, the law recognizes that certain circumstances allow a couple to marry without obtaining this document beforehand.
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 solemnizing officer 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 married without marriage license lack of access means to the local registrar, a license may be waived.
Cohabitation for Five Years: This is the most frequent scenario. Partners who have cohabited as husband and wife for at least five consecutive years without any legal obstacle to marrying each other may opt for an affidavit instead of a license.
The Risks of Absence of Marriage License in the Philippines
Beyond of the specific exemptions listed above, the lack of a license in the country results in a void marriage. This means that married without marriage license in the view of the law, the union did not existed.
Property Ownership: Lacking a legal marriage, the rules of absolute community may not be enforced, absence of marriage license in the philippines possibly leading in disputes over property.
Status of Offspring: Children born within a null marriage might be classified illegitimate except specific legal protections are triggered.
Inheritance: If one married without marriage license partner pass away, the remaining party may not automatically inherit the property as a rightful heir.
How absence of marriage license in the philippines to Verify Your Marriage is Valid
Should you intend to be wed without a license under the five-year exemption, make sure that you consult a qualified lawyer. The absence of marriage license in the philippines owing to oversight is vastly distinct from a lawful exemption.
Always verify that the solemnizing person—whether a magistrate, priest, or imam—is licensed by the government to perform the wedding.
Conclusion
Understanding the intricacies of matrimony is vital for any couple. While you can legally be wed without a license under specific conditions, understanding why the lack of a license in the Philippines can void your union is crucial for securing your future.