The notion of marriage is deeply intertwined with formal formalities that ensure its validity under the law. One of the primary question many partners pose is whether they can be married without marriage license and what happens in the absence of marriage license in the philippines. This guide delves into the legalities, exceptions, and implications of entering a union without this vital paperwork.
The Formal Framework of Marriage
According to the Family Code of the Philippines, a marriage license is considered a formal requisite. In the absence of it, a marriage is typically considered invalid void ab initio. Nevertheless, the law acknowledges that specific situations permit a man and woman to unite without securing 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 each of the partners is dying, the wedding can be performed without a prior license. The official should provide an official statement confirming that the marriage was performed in articulo mortis.
Remote Locations: If the residence of either party is located in a remote area where there are lack of access means to the civil registrar, a marriage license may be waived.
Cohabitation for Five Years: This is the most common scenario. Partners who have cohabited as a couple for at least 5 consecutive years without any legal impediment to marrying each other may opt for an exemption affidavit instead of a license.
The Risks of Absence of Marriage License in the Philippines
Outside absence of marriage license in the philippines of the specific exemptions listed above, the lack of a license in the country results in a void marriage. This means that in the view of the law, the union did not existed.
Property Rights: Lacking a legal marriage, the laws of absolute community may not be enforced, possibly resulting in disputes over assets.
Status of Offspring: Children born within a null marriage might be classified illegitimate except specific legal protections are triggered.
Inheritance: If one partner die, the remaining party might not automatically receive the property as a legal heir.
How to Verify Your Marriage absence of marriage license in the philippines is Valid
Should you intend to be wed without a license under the five-year exemption, ensure that you consult a qualified lawyer. The absence of marriage license in the philippines owing to negligence is married without marriage license vastly distinct from a lawful exemption.
Forever verify that the solemnizing person—whether a magistrate, priest, or official—is licensed absence of marriage license in the philippines by the government to conduct the wedding.
Conclusion
Understanding the complexities of matrimony is vital for every couple. While you can legally be married without marriage license absence of marriage license in the philippines in specific conditions, knowing why the lack of a license in the Philippines can void your vows is important for securing your future.