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MARRIAGE OF FILIPINO AND FOREIGN NATIONAL


Disclaimer: The following information is provided for general information only and may not be accurate in a particular case. Questions involving interpretations of specific laws, both foreign and local should be addressed to local or foreign attorneys or foreign government official.

Philippine law requires a citizen or subject of a foreign country to obtain a Certificate of Legal Capacity to Contract Marriage. Sometimes called a "Certificat de Coutume" or a "Certificate of No Impediment" or a "Certificate of Nulla Osta" or simply a "Certificate of Freedom to Marry", this is a declaration from your country of origin of your freedom to marry. It is issued by the diplomatic or consular offices of his or her country, prior to the issuance of a marriage license in the Philippines. This serves as a clearance or permit from the consul as an actual proof of the subject’s civil status and his/her eligibility for marriage.

Below is a sample list of Embassies/Consulates in the Philippines with their corresponding requirements and procedures for acquiring the certificate.

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Websites of Foreign Embassies and Consulates in the Philippines:
Links to Embassy websites Links to "How to acquire"
Embassy of Australia Certificate of No Impediment
Embassy of Belgium Certificate of Legal Capacity to Contract Marriage
Embassy of Canada Statement In-Lieu of Certificate of Non-Impediment to Marriage Abroad
Embassy of Finland Multilingual Certificate of No Impediment
Embassy of France Certificat de Coutume
Embassy of Germany Certificate of Legal Capacity to Contract Marriage (Ehefaehigkeitszeugnis)
Embassy of Japan Certificate of Legal Capacity to Contract Marriage
Embassy of the Netherlands Legal Capacity
Embassy of New Zealand Certificate of No Impediment
Embassy of Norway Certificate of Legal Capacity to Contract Marriage
Honorary Consulate of Sweden Hindersprövning
Embassy of Switzerland Certificate of Legal Capacity to Marry
Embassy of the United Kingdom Certificate of No Impediment (CNI)
Embassy of the United States of America Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage


For complete listing of Embassies in the Philippines, please refer to:

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After receiving the certificate of legal capacity to contract marriage both parties must proceed to the city hall (Davao City Hall ) or the municipality in which the Philippine national habitually resides. (where he or she has lived for at least the last 6 months). You must then both present the certificate of legal capacity to contract marriage to the local civil registrar and apply for your Marriage License. (Family Code of the Philippines, Article 9). Please refer all questions regarding the procedures and requirements necessary to apply for your marriage license directly to the local civil registrar issuing the marriage license.

After applying your marriage license, the information given in the application will be posted for 10 consecutive days inside the city hall or the municipality in which the Philippine national habitually resides. The marriage license will be issued after the completion of this 10-day period (Family Code of the Philippines, Article 17). The marriage license, once issued, is valid in any part of the Philippines for 120 days. If it has not been used during this 120-day period it will then automatically expire (Family Code of the Philippines, Article 20)

Follow this link to view the Marriage License and expand

The marriage ceremony must be solemnized by an individual with the legal authority to perform such a ceremony. Upon the completion of the ceremony all participants (the presiding official, the witnesses, and the husband and wife) must sign the Marriage Certificate (Family Code of the Philippines, Articles 2-7).

Following the signing of the marriage certificate by all parties involved, the marriage certificate must be sent to the city hall or the municipality in which the Philippine national habitually resides. It will then be registered by the local civil register. (Family Code of the Philippines, Article 23). Please remember to get certified true copies of the marriage contract from the local civil registrar.

Follow this link to view the Marriage Certificate and expand


CHURCH REQUIREMENTS FOR MARRIAGE WITH FOREIGNERS

Clearance: Foreigners who wish to apply for marriage with a Filipino citizen must first secure clearance from the Archdiocesan Chancery Office at the Arzobispado de Manila, 121 Arzobispo St., Intramuros, Manila (near Manila Cathedral). This clearance must be submitted to the Parish Office upon filing of application for the wedding.

Baptismal Certificate: This must be the original and obtained not more than three months from the wedding date. It must have the annotation: "FOR MARRIAGE PURPOSE ONLY." This is a requirement for BOTH bride and groom whether they are Catholic or not.

Certification of freedom to marry: This can be obtained from the Catholic Pastor, Protestant Minister or the Embassy of the foreigner.

Marriage license: this can be obtained from the civil authorities; or a Marriage Contract if already married with the civil registry number.

Permission and certification of singularity: This can be obtained from the parish of the bride if she is Catholic.

Military clearance: This has to be secured from the base military authorities specifically from the immediate Commanding Offices ONLY if any of the parties belong to the military.

For Non-Catholic: A certification of his/her legal capacity to marry. Has to be obtained from his/her embassy or from the country of origin.

Marriage Banns:

These have to be posted for three consecutive Sundays.

Dispensation:

A dispensation from the impediment of mixed marriage/religion (Disparitas Cultas) has to be obtained if necessary (Forms are usually available from the local Parish Office).

Widow and Widower: The death certificate of the former spouse has to be presented to the office.

Divorced parties: A document of the Declaration of Nullity promulgated by the Catholic Memorial Tribunal or a certification from the Bishop of the party that he/she is free to marry has to be presented to the Archdiocesan Chancery Office for authentication and clearance.

Also, please refer to the following links relating to Church wedding in Davao:
- General Church Wedding Requirements
- Churches in Davao and their requirements