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Requirements for Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage

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Filed: Country: Philippines
Timeline
Posted

Good day,

I am planning to get married here in the Philippines and I am a U.S citizen by Naturalization. I was born here in the Philippines.

Also I read that I need to have documentation regarding paternal consent or advice? I am 23 years old and I need to

present Paternal advice? What is that? If anyone have experience this kind of situation, please help. Thank you.

Filed: Timeline
Posted

Any foreigner who wishes to marry in the Philippines is required by the Philippine Government to obtain from his/her Embassy an "Affidavit in Lieu of a Certificate of Legal Capacity to Marry" before filing an application for a marriage license. A citizen of the United States may execute the affidavit at the American Embassy in Manila. The American Embassy in Manila is located at 1201 Roxas Boulevard, Manila, the telephone number is (63) (2) 521-7116, and the fax number is (63) (2) 522-4361. The American needs to present his/her U.S. passport and proof of the termination of any prior marriage(s) (court certified copies of divorce degrees or registrar certified copies of death certificates), if applicable. There is a service fee of $30.00 for the affidavit.

The affidavit must be obtained from the U.S. Embassy in Manila. Philippine authorities will not accept any substitute document initiated in the United States.

Once the person has the affidavit, he/she can file the application for a marriage license at the office of the local Philippine Civil Registrar of the town or city where one of the parties is a resident. The U.S. citizen applicant will need to present the affidavit, death certificate or divorce decree as mentioned above, U.S. passport, and documentation regarding parental consent or advice if applicable. Marriage applicants who are age 18 to 21 must have parental consent in writing, those age 21 to 25 must have written parental advice (a written indication that the parents are aware of the couple's intent to marry). The revised Family Code of the Philippines, which took effect on August 4, 1988, prohibits marriage for individuals below the age of 18.

Normally there is a ten-day waiting period before the marriage license is issued by the registrar's office. In some instances the fiancée may apply in advance for the marriage license with the local civil registrar. The American citizen must then obtain the affidavit of legal capacity upon arrival in the Philippines and file it immediately with the civil registrar where the fiancée applied for the marriage license. A marriage license cannot be obtained by a fiancée without presence of the prospective spouse.

The marriage can be performed by a judge, justice of the peace, priest, or minister of religion.

Posted

Parental advice or consent is required of Filipinos under a certain age. If you are applying for a marriage license "as a foreigner", you won't need to present parental advice or consent.

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Filed: IR-2 Country: Philippines
Timeline
Posted

yes you still need a parent's consent. and you need to go to the US embassy to get the Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage.. before going there, go to the site of the US Embassy in Philippines to do appointment and print the appointment letter, coz otherwise you cant go inside if you dont have an appointment letter :) wish you luck :)

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  • 5 years later...
Posted
On 26/08/2012 at 11:22 AM, nate and riyn said:

yes you still need a parent's consent. and you need to go to the US embassy to get the Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage.. before going there, go to the site of the US Embassy in Philippines to do appointment and print the appointment letter, coz otherwise you cant go inside if you dont have an appointment letter :) wish you luck :)

Hi? Can i ask how to get an appointment letter for this certificate?thankyou

 

On 26/08/2012 at 11:22 AM, nate and riyn said:

yes you still need a parent's consent. and you need to go to the US embassy to get the Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage.. before going there, go to the site of the US Embassy in Philippines to do appointment and print the appointment letter, coz otherwise you cant go inside if you dont have an appointment letter :) wish you luck :)

Hi? Can ask if how we can get an appointment for this certificate?thankyou

Filed: Other Country: Philippines
Timeline
Posted
33 minutes ago, Leeyan de vera said:

Hi? Can i ask how to get an appointment letter for this certificate?thankyou

 

Hi? Can ask if how we can get an appointment for this certificate?thankyou

You contact the embassy to get your appt.

 

https://ph.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/getting-married/?_ga=2.63386287.1256095290.1506671300-1822561796.1505266023

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  • 1 month later...
Posted
On 8/26/2012 at 3:52 PM, dm559 said:

Any foreigner who wishes to marry in the Philippines is required by the Philippine Government to obtain from his/her Embassy an "Affidavit in Lieu of a Certificate of Legal Capacity to Marry" before filing an application for a marriage license. A citizen of the United States may execute the affidavit at the American Embassy in Manila. The American Embassy in Manila is located at 1201 Roxas Boulevard, Manila, the telephone number is (63) (2) 521-7116, and the fax number is (63) (2) 522-4361. The American needs to present his/her U.S. passport and proof of the termination of any prior marriage(s) (court certified copies of divorce degrees or registrar certified copies of death certificates), if applicable. There is a service fee of $30.00 for the affidavit.

The affidavit must be obtained from the U.S. Embassy in Manila. Philippine authorities will not accept any substitute document initiated in the United States.

Once the person has the affidavit, he/she can file the application for a marriage license at the office of the local Philippine Civil Registrar of the town or city where one of the parties is a resident. The U.S. citizen applicant will need to present the affidavit, death certificate or divorce decree as mentioned above, U.S. passport, and documentation regarding parental consent or advice if applicable. Marriage applicants who are age 18 to 21 must have parental consent in writing, those age 21 to 25 must have written parental advice (a written indication that the parents are aware of the couple's intent to marry). The revised Family Code of the Philippines, which took effect on August 4, 1988, prohibits marriage for individuals below the age of 18.

Normally there is a ten-day waiting period before the marriage license is issued by the registrar's office. In some instances the fiancée may apply in advance for the marriage license with the local civil registrar. The American citizen must then obtain the affidavit of legal capacity upon arrival in the Philippines and file it immediately with the civil registrar where the fiancée applied for the marriage license. A marriage license cannot be obtained by a fiancée without presence of the prospective spouse.

The marriage can be performed by a judge, justice of the peace, priest, or minister of religion.

Is it possible to get an Affidavit in Lieu of a Certificate of Legal Capacity to Marry from an embassy other than the one in Manila? I'm stationed in Okinawa, but plan on marrying in the Philippines.

Posted
3 hours ago, Danyu said:

Is it possible to get an Affidavit in Lieu of a Certificate of Legal Capacity to Marry from an embassy other than the one in Manila? I'm stationed in Okinawa, but plan on marrying in the Philippines.

No, it needs to be obtained in the Philippines at the USEM. Just so you know if you want to get married in the Philippines you need to have at least 10 days in the country to get it done. 

Posted
4 minutes ago, cyberfx1024 said:

No, it needs to be obtained in the Philippines at the USEM. Just so you know if you want to get married in the Philippines you need to have at least 10 days in the country to get it done. 

Thanks for the response. Do you mean its that quick to get all the requirements for a marriage? How long would it usually take to acquire all the requirements if they were attended to everyday?

Posted
3 minutes ago, Danyu said:

Thanks for the response. Do you mean its that quick to get all the requirements for a marriage? How long would it usually take to acquire all the requirements if they were attended to everyday?

You get the affidavit from the embassy the same day.  The thing that takes the most time is the processing in the local provincial level. Do you know if your going to be doing a church or a civil wedding? 

 

BTW how do you like Okok? I am working on getting out that way as a GS employee  accompanied  

Posted
Just now, cyberfx1024 said:

You get the affidavit from the embassy the same day.  The thing that takes the most time is the processing in the local provincial level. Do you know if your going to be doing a church or a civil wedding? 

 

BTW how do you like Okok? I am working on getting out that way as a GS employee  accompanied  

 

1 minute ago, cyberfx1024 said:

You get the affidavit from the embassy the same day.  The thing that takes the most time is the processing in the local provincial level. Do you know if your going to be doing a church or a civil wedding? 

 

BTW how do you like Okok? I am working on getting out that way as a GS employee  accompanied  

Sorry if im asking too many questions, but what documents should I present for it? and is there a fee? 

 

Okinawa is awesome. Small island, with tons of events. I have only been to the South area, cause I stay in Kadena AB. I have yet to visit the north.

 

Posted
8 hours ago, Danyu said:

 

Sorry if im asking too many questions, but what documents should I present for it? and is there a fee? 

 

Okinawa is awesome. Small island, with tons of events. I have only been to the South area, cause I stay in Kadena AB. I have yet to visit the north.

 

It is a $50 dollar fee in either credit card, cash, or pesos. If I remember correctly only your passport is needed, but you would also have to check for what are the requirements for getting married in that province/locality. Do you know if your going to do a civil wedding or a church wedding?

Posted

All you need for affidavit is your passport. They did not need divorce decree or anything. Basically you are just making a sworn statement that you are legally free to marry.

I would suggest bringing you drivers license or other form of ID as well so that you can leave that with your cell phone when you check in. It just makes it easier.

They also say to bring your appointment letter printed out. I left mine in the car and they just looked it up and saw me on the list and let me in.

The whole process for me took about an hour and hat was just over a month ago.

 

The local registar where you get the license that allows you to get married will have it's own requirements. Have your future asawa go there in advance to find out all of the requirements. For me it was affidavit, divorce decree, birth certificate, and passport. It takes 10 days to get a license. Make sure you are aware of any holidays that may slow you down. If you will be doing a civil wedding make sure she gets that info too. We found out when we got the certificate that they only do weddings on Wednesdays. Lucky I didn't leave till Saturday so we were able to adjust.

 

Good luck!

 
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