The concept of matrimony is highly linked with legal requirements that ensure its recognition under the law. A crucial inquiry many couples ask is whether they can be married without marriage license or what occurs in the absence of marriage license in the philippines. This article delves into the legal framework, exemptions, and implications of entering a union without this vital document.
The Legal Framework of Marriage
According to the Family Code of the Philippines, a marriage license is classified as a essential requirement. In the absence of it, a marriage is typically considered invalid void ab initio. Nevertheless, the law recognizes that certain circumstances allow a couple to marry without obtaining this document beforehand.
When You Can Be Married Without a Marriage License
There are specific instances where the law waives the requirement for a license. These include:
Marriages in Articulo Mortis: If one or both of the parties is at the point of death, the marriage can be performed without a prior license. The official should provide an official statement confirming that the ceremony was done in emergency.
Isolated Places: If the residence of either party is located in a place where there are no transportation links to the civil registrar, a absence of marriage license in the philippines marriage license can be omitted.
Live-in Relationships for 5 Years: This represents the most common exception. Couples who have lived together as husband and wife for at least 5 uninterrupted years and have any judicial obstacle to marry each other can apply for an affidavit in lieu of a license.
Consequences of the Absence of Marriage License in the Philippines
Outside of the legal exceptions mentioned above, the absence of marriage license in the philippines leads in a null marriage. This implies that in the eyes of the law, the marriage never take place.
Asset Ownership: Without a valid marriage, the laws of co-ownership might not apply, potentially leading in conflicts over property.
Legitimacy of Children: Children produced within a void marriage absence of marriage license in the philippines may be considered not legitimate except certain legal provisions are triggered.
Succession: If one spouse die, the remaining party might not automatically receive the estate as a legal heir.
How to Verify Your Marriage is Valid
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 married without marriage license a legal exemption.
Forever verify that the solemnizing person—whether a magistrate, priest, or official—is licensed by the government to conduct the wedding.
Conclusion
Understanding the intricacies of matrimony married without marriage license is vital for every couple. While you can absence of marriage license in the philippines legally be married without marriage license under specific conditions, understanding why the lack of a license in the Philippines can void your union is crucial for securing your future.