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  • According to the Law: Validity of Marriage when Civil Registry has no Records

    Does the absence of a marriage record at the civil registry make it null and void?
    by Atty. Nikki Jimeno .
To read this story in Tagalog, click here.
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    The law also requires that you meet the following formal requisites:
    (1) Authority of the solemnizing officer;
    (2) A valid marriage license; and
    (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

    If, later on, you discover that the solemnizing officer who performed your marriage ceremony had no authority to do so, then this shall not affect the validity of your marriage as long as you believed in good faith that he had the power to do it.

    Remember, as long as you complied with all the essential and formal requisites of marriage, then your marriage is valid and legal. If after checking with the civil registrar you are told that they do not have a copy of your marriage contract, don’t worry! Take note that the law does not require the registration of the marriage for its validity, so just because your marriage was not registered does not mean that it is void. In that case, all you have to do is file a delayed registration of marriage. Just go to your local civil registrar and submit your marriage certificate together with an affidavit stating the exact place and date of marriage, the facts and circumstances surrounding the marriage, and the reason or cause of the delay of the registration. Good luck!
    Atty. Nikki Jimeno


    Got legal questions? Send us an email at webmaster@smartparenting.com.ph.

    Photo by QuinnDombrowski from flickr creative commons

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