Legal Capacity of Marriage

Hi! found this while searching for some related info's. This is very helpful. Got a few things to clarify. My fiancé and I are actually staying together in Philippines for a year now. It's his 3rd long visit. Now we wanted to get married here in PH but we are quite confused about the “Legal Capacity of Marriage” is it really necessary to go to french embassy in manila to request for this document or we can just ask someone from France to get it personally for us since this person is coming to visit  in the coming months?

If we do in French embassy in manila can we have it earlier than 2 months? We plan to get married in September and actually, just started collecting the requirements.  Thank you so much in advance for answering and sharing your own experience. It would mean a lot.

Hi
I just went through this and it is an easy straight forward process! Yes your fiancee will have to show up in person! He has to raise his right hand and swear he is telling the truth about what he put on the application! There is one thing that might effect that! If the French embassy will provide an affidavit that they screened your fiancee and thet attest to the fact that he is single! Most countries do not provide this and that is why he will need a affidavit in lieu of Capasity to lrgally marry in the Philippines! If you specific questions I will be glad to find answers for you!

Sorry for the typo's!! I should have proofed before sending!

Lasvegan is correct. Foreigner has to visit French Embassy in Philippines and swear an oath in person. Alternatively it can be done at Philippines Embassy in FRANCE.

Original post did not state if married before. If divorced previously then you ALSO need a ‘Certificate of non impediment'. In the UK a notice needs to be posted by Town Hall for 2 months, after which a certificate is issued that no one has come forward to question your intended ‘new' marriage. If never married/divorced/widowed previously then this certificate is not required.

Thank you so much guys for clarifying. We are both single, just actually worried we can't make it by September, hence have to wait for 2-3 months for the Legal Capacity. We wanted to do it quick.

A mute point. But obviously bear in mind that once you're married you will ‘jointly & severally' become liable for any debts/incumbrances that are subsequently incurred.
I.e. she can take out loans and upon default - They can come after you for the money & mess up your visa if you don't pay!!

As I said, a mute point - but worthy of consideration prior to a ‘quick' marriage.

Expat IFA wrote:

A mute point. But obviously bear in mind that once you're married you will ‘jointly & severally' become liable for any debts/incumbrances that are subsequently incurred.
I.e. she can take out loans and upon default - They can come after you for the money & mess up your visa if you don't pay!!

As I said, a mute point - but worthy of consideration prior to a ‘quick' marriage.


Sounds like the voice of experience.  A point worth considering.

What I mean to say quick is that we do all the processing before September have to go back in France by that time so as much as possible we do it fast. Other than that we have no problems with each other. We are together since 3 years. Lived together here in philippines for a year now. We are both young 26 and 29, both single. Good family background. I can pretty say it's the right choice. Thank you though for the warning. 😉

Hi,

I have also the same issue. My fiance is Saudian living in Malaysia and we are confused about whether he needs to take the Legal Capacity from the Saudi Consulate in the Philippines or he can get it from the his embassy here in Malaysia?

Any update, please?

With regard to other required documents you may find that to get a marriage licence you will need your birth certificate and if you have been divorced you will probably need your divorce papers when you visit the French embassy and when you apply for a marriage certificate. There may be other requirements in the town/city where you apply for the marriage licence....... it seems the every municipality in Philippines are free to make up their own rules.

" In the UK a notice needs to be posted by Town Hall for 2 months"
My own experience of this in the UK, which was in 2006 was, I just went to my local registry office and I recieved my certificate of no impediment in around an hour.