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exemption to marriage license

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1 exemption to marriage license on Mon Dec 20, 2010 3:34 pm

borjgemini


Arresto Menor
My live-in partner and I are panning to get married soon. We've been living together for almost 8 years now and we have a seven yrs old son.
Are we required to have a marriage license before our wedding ceremony?
I'll appreciate your help.

Please explain the family code below:

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. (76a)

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2 Re: exemption to marriage license on Mon Dec 20, 2010 3:47 pm

attyLLL


moderator
no, you are not required to have a marriage license, but you will be asked to issue an affidavit attesting to the fact that you have been living together for more than 5 years.


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3 Re: exemption to marriage license on Mon Dec 20, 2010 3:58 pm

borjgemini


Arresto Menor
Thanks.Could you please also advice on how and what are the procedures in filling affidavit to attest the fact that we've been living together for more than 5 years? And also the possible ways to use in filling this affidavit and where to submit the documents? Thank you so much.

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4 Re: exemption to marriage license on Mon Dec 20, 2010 4:19 pm

attyLLL


moderator
the question here is where do you plan to get married and by whom. the catholic church or judge will ask for proof that you have lived together for more than 5 years.

a religious officer who performs quickie weddings will not be so strict. note, on the marriage contract, they will also attest that they are satisfied that you are truly qualified to be married.

determine first where you plan to get married, find someone who will perform the ceremony and ask what he will require that you submit. the basic will be an affidavit. good luck.


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