The concept of marriage is deeply intertwined with formal formalities that guarantee 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 article delves into the legalities, exceptions, and implications of entering a union without this vital paperwork.
The Formal 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 typically considered invalid void ab initio. Nevertheless, the law acknowledges that specific situations permit a man and woman to unite without securing this license prior to the ceremony.
Exceptions for Being Married Without a Marriage License
There exist 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 dying, the wedding can be performed without a prior license. The official should execute an affidavit stating that the marriage was performed in emergency.
Isolated Places: If the home of married without marriage license either party is located in a place where there are no access means to the civil registrar, a license may be waived.
Cohabitation for 5 Years: This represents the most frequent exception. Couples who have lived together as husband and wife for at least 5 uninterrupted years and have any legal impediment to marry each other may opt for an affidavit instead of a license.
Consequences of the Absence of Marriage License in the Philippines
Beyond of the specific 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 did not take place.
Property Rights: Lacking a legal marriage, the rules of absolute community may not be enforced, possibly leading in disputes over property.
Status of Children: Children produced within a void married without marriage license marriage may be considered not legitimate unless certain family provisions apply.
Inheritance: Should one partner pass away, the remaining party may not automatically inherit the property as a legal heir.
How to Ensure Your Marriage married without marriage license is Legal
Should you plan to be married without marriage license based on the cohabitation exemption, ensure that you consult a qualified lawyer. The missing license in the Philippines owing to negligence is vastly distinct absence of marriage license in the philippines from a legal exemption.
Forever verify that the solemnizing person—whether a magistrate, minister, or imam—is licensed by the government to perform the wedding.
Conclusion
Understanding the intricacies of matrimony is vital for every couple. While you can legally be married without marriage license in strict conditions, knowing why the absence of marriage license married without marriage license in the philippines might invalidate your vows is important for protecting your shared life.