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Marriage license

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1 Marriage license on Thu Jul 02, 2015 7:36 pm

ladyjheng26


Arresto Menor
Goodeve. I am 23 y/o and my bf is 24 wer planning to get married pero di kame mareleasan ng marriage license kse ayaw pumirma ng nanay niya sa advice. Both parents daw po ang pipirma kailangan na po namen magpakasal. Ano po ang ggwen namen?

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2 Re: Marriage license on Thu Jul 02, 2015 9:01 pm

centro


Reclusion Perpetua
Under the Family Code of the Philippines, the need for parental consent for marriage is required when one or both of the couple are between the ages of 18 and 21. Dahil kayong dalawa ay over 21, di kailangan ng consent. Basahin ang family code para maliwanagan.

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3 Re: Marriage license on Fri Jul 03, 2015 10:02 am

technified_ex


Prision Correccional
Just a clarification to centro, it is correct that you don't need anymore the parental consent since the couple is already 21 yr old above, however the family code specifically provide that for couples whos ages is above 21 but below 25, you would still need the parental advice (not consent anymore) + certificate from a marriage councilor to be able to get a marriage license. You will still have your marriage, voidable this time, it will be validated by cohabitation for a period of not less than 5 years

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4 Re: Marriage license on Fri Jul 03, 2015 5:18 pm

ladyjheng26


Arresto Menor
Kapag 21 to 24 po kailangam ay parental advice wherein both parents kailangan pumirma. Nagapply na po kme ng marriage license kulang ng pirma ng nanay nya at ayaw tlga pumirama. Kaya ayaw irelease ang marriage license. Anu po bang iba pa nmen pwedeng gawen? Need na po nmen magpakasal...ok na sa parents q at sa tatay nya pero ung nanay nya ayaw tlga...

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5 Re: Marriage license on Fri Jul 03, 2015 7:17 pm

mrs_scofield


Arresto Mayor
Under Article 15, parental advice is required if any of the contracting party is between the age of 21-25 years old.

But don't you worry, you can still be issued the marriage license and marry.  All you need to do is:

1. Execute (your bf) a sworn statement to the effect that such advice has been sought but your bf's mother refused to give any advice;

2. Attach a certificate issued by a priest or imam or minister authorized to solemnize marriage under Article 7 of the Family Code or a marriage counsellor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counselling.

The local civil registrar then shall prepare the notice which 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.

After the completion of the period of publication, your marriage license shall be issued till after 3 months from the end of the 10-day publication. So, you can still be issued marriage license but it will be longer than the usual processing.


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Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.

Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.

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6 Re: Marriage license on Sat Jul 04, 2015 8:28 am

ladyjheng26


Arresto Menor
Wala po kayang mas mabilis na way na makakuha kame ng license? Ung dna po aabutin ng 3mos? Sad

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7 Re: Marriage license on Sat Jul 04, 2015 9:27 pm

mrs_scofield


Arresto Mayor
A marriage celebrated without a valid marriage license is null and void, unless the contracting parties are exempt from this requisite (Articles 4 and 35(3), Family Code of the Philippines).

One of the exceptions mentioned by law where marriage license is not required is when the contracting parties have cohabited for 5 years or more as husband and wife without the benefit of marriage. However, during their cohabitation, the law requires that they must not have any legal impediment to marry each other. This is explicitly provided by Article 34 of the Family Code of the Philippines:

“Art. 34. No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage.”

The significance of a marriage license was discussed by the Supreme Court in the case of Engrace Niñal vs. Norma Bayadog (G.R. No. 133778, March 14, 2000), to wit:

“The requirement and issuance of marriage license is the State’s demonstration of its involvement and participation in every marriage, in the maintenance of which the general public is interested. This interest proceeds from the constitutional mandate that the State recognizes the sanctity of family life and of affording protection to the family as a basic “autonomous social institution.” Specifically, the Constitution considers marriage as an “inviolable social institution,” and is the foundation of family life which shall be protected by the State. This is why the Family Code considers marriage as “a special contract of permanent union” and case law considers it “not just an adventure but a lifetime commitment.”

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8 Re: Marriage license on Sun Jul 05, 2015 3:46 pm

concepab


Reclusion Perpetua
ladyjheng26 wrote:Wala po kayang mas mabilis na way na makakuha kame ng license? Ung dna po aabutin ng 3mos? Sad

Wala. follow the process, otherwise baka magka-problema kayo later. At pag-isipan muna din ang pagpapa-kasal, baka after few months matapos nyo maikasal e nandito ka ulit at nagtatanong kung paano mapapawalang-bisa ang kasal nyo. Wink

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9 Re: Marriage license on Sat Jul 11, 2015 2:20 pm

micaila18@yahoo.com


Arresto Menor
hi po..want q lang po iclear ung case po nmin..knsal po kmi last june 18 sa cthall..un din po ung nklgay na date sa maeeiage contract nmin..pro po nrelease po ung marriage lic nmin june 22 po...valid po ba kasal nmin?ngahol po kc kmi sa oras..paalis po kc asawa q nun umlos sya june 20..taz ang nklgay po sa marriage cntract nmin eh under art 34..eh hndi nman po kmi ngsama ng 5yr at wla kmi naipasa na affdvit of cohbitation..pro 3yrs mhgit n po kmi ngsa2ma prior to our wedding..25 po husband q 32 po aq..

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10 Re: Marriage license on Sun Jul 12, 2015 11:33 am

centro


Reclusion Perpetua
technified_ex wrote:Just a clarification to centro, it is correct that you don't need anymore the parental consent since the couple is already 21 yr old above, however the family code specifically provide that for couples whos ages is above  21 but below 25, you would still need the parental advice (not consent anymore) + certificate from a marriage councilor to be able to get a marriage license. You will still have your marriage, voidable this time, it will be validated by cohabitation for a period of not less than 5 years

Thanks for clarifying and expounding on this.

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11 Re: Marriage license on Thu Dec 03, 2015 1:25 pm

cacho jessica lura


Arresto Menor
good noon po,can i ask what are the possible documents or proof that an attorney requires for a marrying couple in order to be issued an affidavit of cohabitation?,thank you hope you can help me.

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12 Re: Marriage license on Thu May 12, 2016 6:54 pm

Zion08


Arresto Menor
Hi please po need clarification. Dalawa po kaming lumitaw sa cenomar husband ko, kinasal pala sya nung nov 2007 pero without license number. Then kinasal po kami this feb 2015 with license number. Ano po ang valid sa dalawa? Kasi po yung unang asawa hiwalay na sila at may anak na sa iba.

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13 Re: Marriage license Today at 4:14 pm

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