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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Being a formal requisite of marriage, the absence of a marriage license will render a marriage void ab initio. However, there are instances provided under the law wherein a marriage would remain to be valid despite the absence of a valid marriage license.
In the landscape of human relationships, marriage represents a profound commitment that binds two individuals in a lifelong partnership. Central to this union is the marriage license—a document that serves as both a formal endorsement and a legal necessity, marking the transition from individual lives to a shared journey.
In every marriage, a marriage license is required in order to notify the public that two persons are about to be united in matrimony and that anyone who is aware or has knowledge of any impediment to the union of the two shall make it known to the local civil registry.
The requirement for and issuance of marriage license is the State’s demonstration of its involvement and participation in every marriage. (Rabuya, 2018)
Being a formal requisite of marriage, the absence of a marriage license will render a marriage void ab inition. However, there are instances provided under the law wherein a marriage would remain to be valid despite the absence of a valid marriage license, to wit:
- Marriages among Muslims or members of ethnic cultural communities – Provided they are solemnized in accordance with their customs, rites or practices (Art. 33, FC);
- Marriages in Articulo mortis
- In case either or both of the contracting parties are at the point of death; (Art. 27, FC);
- Solemnized by a ship captain or airplane pilot (Art. 31, FC); and
- Within zones of military operation.
- Marriages in Remote places. (Art. 28, FC)
A remote place is a place where there are no means of transportation to enable the party to personally appear before the local civil registrar. (Rabuya, 2018)
- Marriages between parties Cohabiting for at least 5 years and without legal impediment to marry each other; (Art. 34, FC) and
- Marriages solemnized Outside the Philippines where no marriage license is required
The marriage license, while often viewed as a mere formality, is a profound symbol of commitment and legal recognition in the context of marriage. Its historical evolution, legal significance, and cultural impact illustrate its importance in shaping and validating human relationships. As society continues to evolve, the marriage license will likely adapt to new realities and challenges, reflecting the ongoing journey of marriage as both a personal and legal institution. In this way, the marriage license remains a vital link between love and law, tradition and modernity, ensuring that the promise of marriage is honored and protected in both the personal and societal realms.
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Donations by Reason of Marriage
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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