While the failure to register a marriage does not invalidate the marriage itself, it can pose challenges when proving the legal existence of the marriage. Under the Family Code of the Philippines, a marriage is considered valid from the moment it is celebrated, as long as the essential and formal requisites are met.
To register a marriage solemnized abroad, Filipino spouses must file a Report of Marriage (ROM) with the nearest Philippine Embassy or Consulate. The ROM serves as a record of the marriage in the Philippines.
Process of Obtaining an Affidavit: Drafting the Affidavit: The affidavit should clearly state the facts pertaining to the cohabitation period, names of the parties involved, and other relevant details. Notarization: After drafting, the affidavit needs to be signed by the affiant and notarized by a notary public.
Duly accomplished Report of Marriage (ROM) form (four (4) originals). Original Marriage Contract with English translation stamped by the Ministry of Foreign Affairs. (original + four (4) photocopies). Passports of husband and wife (to be returned to applicant) and four (4) photocopies of data page of each passport.
This affidavit serves as a legal document for U.S. citizens wishing to contract marriage abroad. It provides necessary declarations and personal information required by authorities. Ensure all details are accurate to avoid complications during the marriage process.
The marriage of a Filipino should be reported to and registered with the Philippine Statistics Authority through the Embassy/Consulate General having jurisdiction over the locality where the event took place.
Article 147 and Article 148 of the Family Code are crucial provisions that address the property relations of couples in a common-law marriage. The affidavit, therefore, becomes a key document to establish proof of cohabitation, especially when there is no formal or legal marriage.
Process of Obtaining an Affidavit: Drafting the Affidavit: The affidavit should clearly state the facts pertaining to the cohabitation period, names of the parties involved, and other relevant details. Notarization: After drafting, the affidavit needs to be signed by the affiant and notarized by a notary public.