The concept of marriage is highly linked with formal requirements that ensure its recognition under the law. A crucial inquiry many couples ask is whether they can be legally wed without a marriage license or what occurs in the absence of marriage license in the philippines. This article dives into the legal framework, exemptions, and implications of entering a union without this essential document.
The Legal Framework of Marriage
According to the Family Code of the Philippines, a legal license is classified as a essential requirement. In the absence of it, a marriage is typically considered invalid from the beginning. However, 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 solemnized without a license. The solemnizing officer must execute an affidavit stating that the marriage was done in emergency.
Isolated Places: If the home of one party is situated in a remote area where there are no transportation links to the local registrar, a license may be omitted.
Live-in Relationships for 5 Years: This represents the most frequent scenario. Couples who have lived together as husband and wife for at least five consecutive years and have any judicial obstacle to marrying each other can apply for an affidavit instead of a license.
Consequences of the Absence of married without marriage license Marriage License in the Philippines
Beyond of the specific exceptions mentioned above, the absence of marriage license in the philippines results in a null marriage. This implies that in the view of the law, the union never existed.
Asset Ownership: Lacking a valid marriage, the rules of absolute community might not be enforced, possibly leading in disputes over property.
Status of Children: Children born within a null marriage may be classified not legitimate except specific legal protections are triggered.
Inheritance: If one partner die, the remaining party might married without marriage license not automatically receive the property as a legal heir.
How to Verify Your Marriage is Legal
Should you plan to be married without marriage license under the married without marriage license cohabitation exemption, ensure that you consult a qualified expert. The missing license in the Philippines owing married without marriage license to negligence is vastly distinct from a legal exemption.
Forever double-check that the solemnizing person—whether a magistrate, priest, married without marriage license or official—is licensed by the government to conduct the wedding.
Conclusion
Understanding the intricacies of matrimony is vital for any couple. While you can legally be married without marriage license under specific conditions, understanding why the lack of a license in the Philippines can invalidate your union is crucial for securing your future.