March 11, 2011

Marriage of Canadians in the Philippines | Certificate of Legal Capacity to Contract Marriage

Canadians who wish to marry in the Philippines is required, under the Philippine law, to obtain "Certificate of Legal Capacity to Contract Marriage” from Canadian Embassy or Consulate in the Philippines before filing an application for a marriage licence.

The Certificate of Legal Capacity to Contract Marriage, which is actually required from any foreign national who wishes to marry in the Philippines, affirms that there are no legal impediments to the proposed marriage. Unfortunately, Canadian Visa Office does not issue such certificate. But there is an alternative.

The Philippine Government accepts an affidavit in lieu of a “Certificate of Legal Capacity to Contract Marriage” that is notarized by the Embassy or Consulate of Canada.

Requirements to get an Affidavit in Lieu of Legal Capacity Contract Marriage
  • your valid Canadian passport or citizenship certificate;

  • the full legal name, citizenship, and residential address of your future spouse;

  • if your are divorced or widowed, an original or certified true copy of the final divorce decree or death certificate . All documents presented at the Embassy must be in English or French, or accompanied by an official English or French translation; and

  • the non-refundable processing fee (CAD 50)

  • Important Note:

  • Although there is no validity period indicated on the Affidavit, the Local Civil Registrar may not accept an Affidavit issued more than six (6) months prior to the date of marriage;

  • Permanent residents of Canada who do not hold Canadian citizenship must obtain a certificate or affidavit from the Embassy or Consulate of their nationality within the Philippines;

  • Divorce decrees may not be automatically recognized in the Philippines. Canadian citizens who were previously married in the Philippines and are intending to re-marry in the Philippines after obtaining a divorce in Canada (or elsewhere) are advised to seek legal advice or contact the National Statistics Office in the Philippines to confirm procedures on how the foreign divorce decree can be recogniszd and enforced in the Philippines;

  • The Philippine government may require an official English translation of a divorce decree or death certificate; and

  • If both parties to the proposed marriage are Canadian citizens, each one must present an affidavit.

  • After the marriage, you can then start the process to sponsor your spouse. Read about the process here - Fiance Visa.