Where to get the legal Capacity to Contract Marriage

[SarahJ 0]

My fiance (US citizen) and I (Filipina) are planning to get married in the Philippines this year. We are doing a research on the documents we need. I read from the website (http://manila.usembassy.gov/marriage.html)

____________________________

DISCLAIMER: Philippine Law requires non-Filipino citizens to obtain a Certificate of Legal Capacity to Marry if they wish to marry in the Philippines. U.S. Consular Officers cannot make any official certification about the status or eligibility to marry of persons residing in the United States who propose to be married abroad, or about the laws of the United States or of any of the fifty States or Territories about eligibility for marriage or the solemnization of a marriage. Instead, the U.S. Embassy provides an Affidavit In Lieu of Certificate of Legal Capacity to Marry. The affidavit is the only document the U.S. Embassy is able to provide. If the local registrar refuses to accept the affidavit, there is nothing that the U.S. Embassy in Manila can do. It is the applicant’s responsibility to verify directly with the local registrar their requirements.

In late 2011, the U.S. Embassy learned that the following local registrars had refused to accept the Affidavit In Lieu of Certificate of Legal Capacity to Marry as a viable alternative to the Philippine document: Makati City, Quezon City, Davao City.

Please note that all fees paid for this notary service are non-refundable. Because U.S. Consular Officers are not in a position to respond with authority to questions involving interpretation of specific Philippine laws, such questions may best be addressed by an Attorney licensed to practice law in the Philippines. American diplomatic and consular officers do not have legal authority to perform marriages.

The above statement said that the local registrars in Makati city Quezon city and Davao city (where I live) had refused to accept the Affidavit In Lieu of Certificate of Legal Capacity to Marry. I really want to be married in Davao city. Where then can we get this, "Certificate of Legal Capacity to Marry", not the affidavit(Affidavit In Lieu of Certificate of Legal Capacity to Marry)?

I may just be confused. Please clarify this to me. I am grateful for your advices.

Thanks for your responses!

[KrystelKyle 16]

My fiance (US citizen) and I (Filipina) are planning to get married in the Philippines this year. We are doing a research on the documents we need. I read from the website (http://manila.usemba...v/marriage.html)

____________________________

DISCLAIMER: Philippine Law requires non-Filipino citizens to obtain a Certificate of Legal Capacity to Marry if they wish to marry in the Philippines. U.S. Consular Officers cannot make any official certification about the status or eligibility to marry of persons residing in the United States who propose to be married abroad, or about the laws of the United States or of any of the fifty States or Territories about eligibility for marriage or the solemnization of a marriage. Instead, the U.S. Embassy provides an Affidavit In Lieu of Certificate of Legal Capacity to Marry. The affidavit is the only document the U.S. Embassy is able to provide. If the local registrar refuses to accept the affidavit, there is nothing that the U.S. Embassy in Manila can do. It is the applicant's responsibility to verify directly with the local registrar their requirements.

In late 2011, the U.S. Embassy learned that the following local registrars had refused to accept the Affidavit In Lieu of Certificate of Legal Capacity to Marry as a viable alternative to the Philippine document: Makati City, Quezon City, Davao City.

Please note that all fees paid for this notary service are non-refundable. Because U.S. Consular Officers are not in a position to respond with authority to questions involving interpretation of specific Philippine laws, such questions may best be addressed by an Attorney licensed to practice law in the Philippines. American diplomatic and consular officers do not have legal authority to perform marriages.

The above statement said that the local registrars in Makati city Quezon city and Davao city (where I live) had refused to accept the Affidavit In Lieu of Certificate of Legal Capacity to Marry. I really want to be married in Davao city. Where then can we get this, "Certificate of Legal Capacity to Marry", not the affidavit(Affidavit In Lieu of Certificate of Legal Capacity to Marry)?

I may just be confused. Please clarify this to me. I am grateful for your advices.

Thanks for your responses!

You can get this Legal Capacity to Marry in any U.S Embassy for your fiancee. Your (American) fiance will need this certificate from the U.S Embassy.

[Tahoma 2,291]

Where then can we get this, "Certificate of Legal Capacity to Marry", not the affidavit (Affidavit In Lieu of Certificate of Legal Capacity to Marry)?

I don't know where your fiancé could get a "Certificate of Legal Capacity to Marry." I've never heard of it here in the U.S.

I wonder if the Davao civil registrar is enforcing the new rule.

[Tahoma 2,291]

You can get this Legal Capacity to Marry in any U.S Embassy for your fiancee. Your (American) fiance will need this certificate from the U.S Embassy.

The U.S. Embassy Manila can issue only an "Affidavit in Lieu of Certificate of Legal Capacity to Marry," not a "Legal Capacity to Marry."

[SarahJ 0]

The U.S. Embassy Manila can issue only an "Affidavit in Lieu of Certificate of Legal Capacity to Marry," not a "Legal Capacity to Marry."

Yes, thank you. My worry is whether it will be rejected by the local registrar in Davao city.

[Tahoma 2,291]

Yes, thank you. My worry is whether it will be rejected by the local registrar in Davao city.

If the Davao civil registrar won't accept the affidavit, then you could always get a marriage license in another town and then get married in Davao. All you need to do is "borrow" a relative's or a friend's address in another town while you get your marriage license there. Once you get a marriage license, you can use it anywhere in 'pinas.

[KrystelKyle 16]

Yes, thank you. My worry is whether it will be rejected by the local registrar in Davao city.

You will not be rejected all though they may not familiar with this kind of stuff. I got married in General Santos City(3-4 hours from Davao) and they are not familiar with this which is frustrating and my local registrar had to contact someone who is familiar with this kind of process. We got our Lieu certificate to marry from U.S embassy and of course my singleness from NSO. We showed all these documents to our local civil registrar and we are ready to exchange vows a week after .

You can also contact you local civil registrar for further assistance or documents you need.

[YourHumboldtBud 2]

You can make an appointment online at the Embassy. You'll go through a series of options that will allow you to select that you are making the appointment at the Embassy to obtain the Affidavit. It's a very simple process to do. You'll stand before a window; raise your right hand and swear in front of a C/O that I(State your Name(USC) are single, and legally capable of marrying (Fiancee's name))... While going through the process they may ask you a few questions pertaining to one another before the swearing. I remember them asking questions like, where does your fiancee live? What School did she attend? What course did she study? How did you meet? What's her favorite color? etc... They may video the session if I'm not mistaken.

[Tahoma 2,291]

You can make an appointment online at the Embassy. You'll go through a series of options that will allow you to select that you are making the appointment at the Embassy to obtain the Affidavit. It's a very simple process to do. You'll stand before a window; raise your right hand and swear in front of a C/O that I(State your Name(USC) are single, and legally capable of marrying (Fiancee's name))... While going through the process they may ask you a few questions pertaining to one another before the swearing. I remember them asking questions like, where does your fiancee live? What School did she attend? What course did she study? How did you meet? What's her favorite color? etc... They may video the session if I'm not mistaken.

According to the U.S. Embassy Manila, Davao won't accept the Embassy's "Affidavit..."

Instead, Davao wants a document which, to my knowledge, doesn't exist.

[Mojoe1 4]

The Affidavit from the US Embassy is for the US citizen to provide to the local registrars office that they are eligible for marriage. If it is for you, see what the civil registrar office wants. Good luck.

Edited March 20, 2013 by Mojoe1

[Tahoma 2,291]

The Affidavit from the US Embassy is for the US citizen to provide to the local registrars office that they are eligible for marriage. If it is for you, see what the civil registrar office wants. Good luck.

According to the U.S. Embassy Manila website, the civil registrar in Davao will not accept the Embassy's affidavit.

You have a good idea...just ask the registrar what they want!

[CPGNJMG 0]

I'm in the USA my wife to be is in Manila Philippines, Do I abbtain this ,Certificate of Legal Capacity to Contract Marriage, here in the USA ? Or does my fiance get it ?

I never heard of such documents.

CPGNJMG

[Hank_ 9,171]

I'm in the USA my wife to be is in Manila Philippines, Do I abbtain this ,Certificate of Legal Capacity to Contract Marriage, here in the USA ? Or does my fiance get it ?

I never heard of such documents.

CPGNJMG

You get the legal capacity to marry certificate from the embassy, you need to make an appointment.

[Brassballs 47]

My son married in Davao in Feb this year. He got legal capacity letter at Cebu consulate. Morning walkin, no appointment, back out the door in less than 30 mins. No issues at all with Davao LCR, so the USEM info is probably outdated. Anyway if there is an issue just clip a P100 note to the letter. I'm sure everything will be OK. Don't worry about this. The hurdles later down the road will be much higher, haha.

Been there, done that.

[Zanby 1]

I am getting married in Davao next week.

I was in Colombia where I went on the US EM in Manila website and book the appointment for "Lieu of Certificate of Legal Capacity to Marry" which I got on my way back to PI in 2 hours at the most.

Then, I went to Davao CNOMAR (Spelling?) and got the marriage licence. They attached the US EM legal capacity doc to the it.

Then I went to the Hall of Justice here in Davao and did their raffle.

Sofar, nothing got rejected!

Should be getting married next week.

I am doing this to do the DCF. It's much fast than if it's don't here than in the US. It bypasses the USCIS and all is done at the US EM.