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MARRIAGE MATTER: Sri Lankans Marrying In The Philippines


Inquiry: Two LDS Sri Lankan nationals are planning to have their Temple Marriage at the Manila Philippines Temple and they would like to inquire the arrangement and the requirements they needed to complete prior to the said marriage.


Reply: All parties to a marriage in the Philippines whether Filipinos or foreigners are required to secure a Marriage License unless exempt under Articles 27, 28, 33 & 34 of the Family Code of the Philippines (i.e. in the point of death, in five - year cohabitation without legal impediments, no means of transportation, muslim marriages, etc.) But in addition to the usual requirements for marriage license, the Philippine Government requires foreigners to obtain from his/her Embassy or Consulate in the Philippines, a “Certificate of Legal Capacity to Contract Marriage” before applying for a marriage license. This certification affirms that there are no legal impediments to the intended marriage of the parties pursuant to the first paragraph of Article 21 of the Family Code of the Philippines, which states:
“When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.”

Since both parties to the marriage are Sri Lankan nationals, they should contact the Sri Lankan Embassy or Consulate in the Philippines [srilanka@broline.com] for the requirements in securing this Legal Capacity to Marry. Once the parties are already issued a Legal Capacity to Marry, they can go to the Local Civil Registrar of the place where they are found in the Philippines. Usually LDS foreigners apply for Marriage License at the Quezon City Local Civil Registrar, since the Manila Philippines Temple is in Quezon City. At the Office of the Quezon City Civil Registrar, the parties will need to present their respective Certificates of Legal Capacity, Birth certificates with an English copy, passports with appropriate 9A Temporay Visitors Entry visas [from the consulate abroad since Sri Lankans are “restricted nationals”], arrival stamps, documentation regarding parental consent (if between 18-21 years old) or parental advice (if 21-25 years old) and divorce decree [if previously married or a death certificate if a widow or widower]. Please note that there is a 10 - day waiting period before the Marriage License can be issued so the parties have to consider that in planning their length of stay in the Philippines. This waiting period is prescribed by law to inform the public about the pending license application and to give the local civil registrar an opportunity to entertain any objections to the upcoming marriage. The marriage license, once issued, is valid in any part of the Philippines for 120 days. If it has not been used during this 120-day period it will then automatically expire.
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