ECO clients Mr. and Mrs. Adrian and Rhose Thorpe during their wedding in 2017. Manila, Philippines - As we keep on emphasizing in our previous articles, it is very essential for the UK spouse visa applicant to prove legitimacy and authenticity of their marriage with the British partner/sponsor.
The best proof, of course, is the marriage certificate duly issued by the Philippine Statistics Authority (PSA). This marriage certificate released by the PSA is a vital piece of document from the government of the Republic of the Philippines certifying that the marriage solemnized within the country is legal and binding against the whole world.
Unlike applications for a UK fiancée visa where the applicant’s intention is to marry the British partner/sponsor in the UK, then convert into a UK spouse visa via an FLR-M application, couples intending to file for a UK spouse visa need to marry here in the Philippines.
Thus, possession of the marriage certificate informs the Entry Clearance Officer (ECO) who will decide on the application that the marriage in the Philippines is authentic and was solemnized in accordance with the requisites of marriage as provided under the Family Code of the Philippines.
WHY IS IT ESSENTIAL FOR UK SPOUSE VISA APPLICANTS TO KNOW THE REQUISITES OF MARRIAGE?
Couples planning to file for a UK spouse visa and looking for a quick and easy way to get married are the ones easily susceptible to scams perpetrated by hustlers lurking in city halls. Officials at city hall may dispute the fact that unscrupulous fixers still abound their corridors saying these sharks no longer swim in their august halls, but the sad reality is, these double dealers are still very much alive and kicking. A number of local governments have somewhat partially eradicated these bad elements but enterprising con artists still prey on unsuspecting couples who want to marry quickly.
Thus, in order to protect their interests, couples intending to marry so that they can file their UK spouse visa application should know a thing or two about the requisites of marriage to avoid being duped by these tricksters.
WHAT ARE THE REQUISITES OF MARRIAGE?
There are actually two requisites of marriage under the Family Code of the Philippines: The ESSENTIAL requisites and the FORMAL requisites.
According to Article 2, the essential requisites of marriage are the following:
According to the law, if any of the ESSENTIAL or FORMAL requisites is not present at the time of the celebration of the wedding, then the marriage shall be considered as VOID AB INITIO meaning the marriage shall be considered as not valid from the very start.
Let us give you an example. Under Philippine laws, the legal capacity is 18 years old or upwards. Thus, if one of the parties to the marriage is below 18 years old, the marriage will be considered void ab initio or void from the start. This means that there is no need to file a petition for any proceeding in court or any administrative body to render the marriage as void because under this circumstance, it’s as if the parties to the marriage never took part in it. This is because the said marriage did not take place in the first place, as it void from the very start.
This is true even if the marriage was celebrated in a grand fashion and a large reception was held with prominent guests. This provision of law stipulating that the marriage solemnized shall be void ab initio is absolute and without any conditions.
So if fixers at city hall make promises and assurances that the couple can marry even if one of the parties is already 17 years and 11 months old, this is not correct. Fixers may make false declarations that as long as the minor shows proof that her parents consents to the marriage and that the marriage will eventually be valid once the minor party turns 18, the couple should take heed and just wait for the minor party to actually turn 18 years old just to be sure.
Another provision of the Family Code requires any party to the marriage who is over 18, but below 21 years of age to secure consent from the parents concerned before they can be allowed to marry. Violation of this provision, however, does not render the marriage void from the start but merely voidable. Voidable here means that the marriage shall be valid unless annulled. In this case, the marriage shall be considered valid once the minor turn 21.
In one case decided by the Supreme Court, a marriage solemnized by an active judge on a Sunday, which is not a regular office day, was considered as void from the very start, for violation of Article 3, “Authority of the Solemnizing Officer.” Thus, marriages solemnized by judges should be conducted inside his court open to the public, during office hours and within his jurisdiction.
According to the framers of the family code, the more people in the wedding, the more number of people who can inform the solemnizing officer that there is an impediment to the marriage. This is the principle behind making the marriage as open to the public as possible.
Based on ECO-Friendly’s experience, these are the types of provisions that couples planning to file for the UK spouse visa should be familiar with in order for their applications not to be rejected by mere technicalities when they file for the UK spouse visa.
Another example of Paragraph 2, Article 2 would be a judge solemnizing a marriage outside of his jurisdiction. In one case, since the judge is only authorized to officiate a wedding within the jurisdiction of his branch (only in Quezon City for example), if he solemnizes a marriage in San Juan City, even if Quezon City is very near San Juan, the wedding shall be void.
For your queries regarding your plans to marry in the Philippines as a prelude to filing for a UK spouse visa, or for any other questions on any matter relating to UK visa applications, please do not hesitate to contact us.
The best proof, of course, is the marriage certificate duly issued by the Philippine Statistics Authority (PSA). This marriage certificate released by the PSA is a vital piece of document from the government of the Republic of the Philippines certifying that the marriage solemnized within the country is legal and binding against the whole world.
Unlike applications for a UK fiancée visa where the applicant’s intention is to marry the British partner/sponsor in the UK, then convert into a UK spouse visa via an FLR-M application, couples intending to file for a UK spouse visa need to marry here in the Philippines.
Thus, possession of the marriage certificate informs the Entry Clearance Officer (ECO) who will decide on the application that the marriage in the Philippines is authentic and was solemnized in accordance with the requisites of marriage as provided under the Family Code of the Philippines.
WHY IS IT ESSENTIAL FOR UK SPOUSE VISA APPLICANTS TO KNOW THE REQUISITES OF MARRIAGE?
Couples planning to file for a UK spouse visa and looking for a quick and easy way to get married are the ones easily susceptible to scams perpetrated by hustlers lurking in city halls. Officials at city hall may dispute the fact that unscrupulous fixers still abound their corridors saying these sharks no longer swim in their august halls, but the sad reality is, these double dealers are still very much alive and kicking. A number of local governments have somewhat partially eradicated these bad elements but enterprising con artists still prey on unsuspecting couples who want to marry quickly.
Thus, in order to protect their interests, couples intending to marry so that they can file their UK spouse visa application should know a thing or two about the requisites of marriage to avoid being duped by these tricksters.
WHAT ARE THE REQUISITES OF MARRIAGE?
There are actually two requisites of marriage under the Family Code of the Philippines: The ESSENTIAL requisites and the FORMAL requisites.
According to Article 2, the essential requisites of marriage are the following:
- Legal capacity of the contracting parries who must be a male and a female; and
- Consent freely given in the presence of the solemnizing officer.
- Authority of the solemnizing officer;
- Valid marriage licence
- 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 no less than two witnesses of legal age.
According to the law, if any of the ESSENTIAL or FORMAL requisites is not present at the time of the celebration of the wedding, then the marriage shall be considered as VOID AB INITIO meaning the marriage shall be considered as not valid from the very start.
Let us give you an example. Under Philippine laws, the legal capacity is 18 years old or upwards. Thus, if one of the parties to the marriage is below 18 years old, the marriage will be considered void ab initio or void from the start. This means that there is no need to file a petition for any proceeding in court or any administrative body to render the marriage as void because under this circumstance, it’s as if the parties to the marriage never took part in it. This is because the said marriage did not take place in the first place, as it void from the very start.
This is true even if the marriage was celebrated in a grand fashion and a large reception was held with prominent guests. This provision of law stipulating that the marriage solemnized shall be void ab initio is absolute and without any conditions.
So if fixers at city hall make promises and assurances that the couple can marry even if one of the parties is already 17 years and 11 months old, this is not correct. Fixers may make false declarations that as long as the minor shows proof that her parents consents to the marriage and that the marriage will eventually be valid once the minor party turns 18, the couple should take heed and just wait for the minor party to actually turn 18 years old just to be sure.
Another provision of the Family Code requires any party to the marriage who is over 18, but below 21 years of age to secure consent from the parents concerned before they can be allowed to marry. Violation of this provision, however, does not render the marriage void from the start but merely voidable. Voidable here means that the marriage shall be valid unless annulled. In this case, the marriage shall be considered valid once the minor turn 21.
In one case decided by the Supreme Court, a marriage solemnized by an active judge on a Sunday, which is not a regular office day, was considered as void from the very start, for violation of Article 3, “Authority of the Solemnizing Officer.” Thus, marriages solemnized by judges should be conducted inside his court open to the public, during office hours and within his jurisdiction.
According to the framers of the family code, the more people in the wedding, the more number of people who can inform the solemnizing officer that there is an impediment to the marriage. This is the principle behind making the marriage as open to the public as possible.
Based on ECO-Friendly’s experience, these are the types of provisions that couples planning to file for the UK spouse visa should be familiar with in order for their applications not to be rejected by mere technicalities when they file for the UK spouse visa.
Another example of Paragraph 2, Article 2 would be a judge solemnizing a marriage outside of his jurisdiction. In one case, since the judge is only authorized to officiate a wedding within the jurisdiction of his branch (only in Quezon City for example), if he solemnizes a marriage in San Juan City, even if Quezon City is very near San Juan, the wedding shall be void.
For your queries regarding your plans to marry in the Philippines as a prelude to filing for a UK spouse visa, or for any other questions on any matter relating to UK visa applications, please do not hesitate to contact us.
| Click the ECO-Friendly contact box below for your queries  Click this ECO-Friendly contact box for your queries  |  Adrian and Rhose strolling at the Skegness Sea Front beach. |
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