HEE107 – Marriage and Family Relationships 1

LESSON 15:
LEGAL REQUIREMENTS FOR MARRIAGE

Marriage, a legally and socially sanctioned union, usually between a man and a woman,
that is regulated by laws, rules, customs, beliefs, and attitudes that prescribe the rights and duties
of the partners and accords status to their offspring. Marriage is defined differently, and by
different entities, based on cultural, religious, and personal factors. A commonly accepted and
encompassing definition of marriage is the following: a formal union and social, and legal contract
between two individuals that unities their lives legally, economically, and emotionally. The
contractual marriage agreement usually implies that the couples has legal obligations to each other
throughout their lives or until they decide to divorce. Being married also gives legitimacy to sexual
relations within the marriage. Traditionally, marriage is often viewed as having a key role in the
preservation of morals and civilization.

The Family Code of the Philippines states that: “Marriage is a special contract of permanent
union between a man and a woman entered into in accordance with law for the establishment of
conjugal and family life. It is the foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not subject to stipulation, except the
marriage settlements may fix the property relations during the marriage within the limits provided
by this Code.” (52a)

LEGAL MARRIAGE REQUIREMENTS

 PARENTAL CONSENT AND ADVICE

Before marital union is recognized by a state, there must be consent or agreement
between the parties of the union to be married. For consent to exist, both parties must agree
to the marriage and there must be no mistakes as to the nature of the union; no force must
be used upon either party to enter into the union. Once consent is determined to exist, the
laws of the individual states determine the status of the couple as spouses.
Section 1 Article 15 states that, “Any contracting party between the age of 21 and 25
shall be obliged to ask their parents or guardian for advice upon the intended marriage. If
they do not obtain such advice, or if it be unfavorable, the marriage license shall not be
issued till after the three months following the completion of the publication of the
application therefor. A sworn statement by the contracting parties to the effect that such
advice has been sought, together with the written advice given, if any, shall be attached to
the application for marriage license. Should the parents or guardian refuse to give any
advice, this fact shall be stated in the sworn statement. (62a)”
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 MARITAL STATUS
People who are already married, even with a legal separation, can’t get married until
they are officially divorced. Each person must be unmarried.

 AGE REQUIREMENT
Age is an additional aspect of consent to marry. Most states require both parties to be
18 years old or older to enter marriage. Each person must be at least 18 years old. Some
states allow minors above a certain age to get married with parental and/or judicial consent
but in the Philippines, if you are under the age of 18, you cannot get married even if the
parents are okay with the marriage. Minors in these states are often not permitted to marry
adults who are more than three or four years older in order to prevent minors from entering
predatory marriages.
As states in Section 1, Article 5 “Any male or female of the age of 18 years or upward
not under any of the impediments, may contract marriage. (54a)

 GENDER
In some states including Philippines, a marriage is only allowed between a man and a
woman. However, other states allow same-sex marriage and people of the same sex
lawfully marry. The Family Code of the Philippines defines marriage as “a special contract
of permanent union between a man and a woman.” Hence, The Constitution of the
Philippines does not prohibit same-sex marriage.

 UNRELATED
The two people can’t be blood relatives and can’t be closer than third cousins. Cousin
marriages are not allowed in the Philippines. “Section 1, Article 38 of the Family Code
prohibits marriage of relatives up to the fourth civil degree (first cousins).

 CAPACITY
Capacity generally refers to the mental ability of one or both of the parties to the
marriage to agree to become spouses. Both parties must have the mental capacity to enter
into a contract. If either person can’t or doesn’t understand what it means to be married
because of mental illness, drugs or alcohol, or other issues that affect judgement, then that
person lacks the mental capacity to consent to the marriage. Not all forms of mental illness
and insanity serve to render someone incapable of entering into a marriage.
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 MARRIAGE LICENSE
The marriage license is a legal document signifying the marriage as a legal union. It
needs to be signed by the bride, groom, officiant, and sometimes witnesses. Both of the
parties need to get one to recognized by the state as legally married, which could be
important for baking, tax, or insurance purposes.

 REQUIRED DOCUMENTS AND INFORMATION

In first marriage, the local civil registrar will ask to see each person’s original birth
certificate or baptismal certificates. Certified copies may be accepted. Both parties need to
provide their full name, residence, and citizenship of their parents or guardians. If either of
parties is not a citizen of the Philippines, they have to provide their passport and a
certificates of legal capacity to contract marriage. An affidavit in lieu of the certificate may
also be accepted. They need to check with a U.S consular officer to make sure they are
providing the affidavit.
As mentioned in Section 1 Article 17, “The local civil registrar shall prepare a notice
which shall contain the full names and residences of the applicant for a marriage license
and other data given in the applications. The notice shall be posted for 10 consecutive days
on a bulletin board outside the office of the local civil registrar located in a conspicuous
place within the building and accessible to the general public. This notice shall request all
persons having knowledge of any impediment to the marriage to advise the local civil
registrar thereof. The marriage license shall be issued after the completion of the period of
publication. (63a)”

 MARRIAGE CERTIFICATE
It is a document that shows social union or legal contract between people that creates
kinships. It is also a document containing the important details of marriage, signed by the
couple and by all in attendance. Once the license is signed (during or after the ceremony)
and returned by an officiant to the country, a marriage certificate is issued.

 PRE-MARITAL COUNSELING AND FAMILY PLANNING SEMINAR

If either of the person is between the ages of 18 and 25, they will need to show proof
to the local civil registrar that they have received marriage counseling. If they do not
receive marriage counseling, their marriage license will not be issued for three months.

 WEDDING LOCATIONS
In many states, some sort of ceremony must take place in order for a marriage to be
valid. It states in Section 1 Article 8, “The marriages shall be solemnized publicly in the
chambers of the judge, or in open court, in the church, chapel, temple, judicial chambers
or offices of consul-general, consul, or vice-consul, as the case may be, and not elsewhere,
except in cases of marriages contracted on the point of death or in remote places in
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accordance with Article 29 of this Code, or where both of the parties request solemnizing
officer in writing in which case the marriage may be solemnized at a house or place
designated by them in a sworn statement to that effect. (57a)” The only time a wedding can
take place elsewhere is if the wedding is articulo mortis, in a remote location, or if the
officiant receives a request for a different location.

 OFFICIANTS
All states require an officiant to oversee the wedding. Usually, this is a clergyman or
civil officer who can administer an oath. It can be a members of the local judiciary; priests,
rabbis, imams, ministers of registered churches or religious sects: consul generals, consuls,
vice-consuls. Military commanders in the absence of a chaplain and ship captains and
airplane chiefs can solemnize a marriage in articulo mortis. If they use a religious officiant,
one of them must belong to the officiant’s church or religious sect.

 WITNESS
In addition to the officiant, most state require one or two people, who are over the age
of 18, to witness the marriage and sign the marriage certificate.