Marriage in the Philippines by Australian national

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Marriage in the Philippines by Australian national


 

So, you want to get married in the Philippines from Australia! Did you know the following?

I am 18 years old but my parents are against my plan to get married, can I get married?

No, a person between the ages of eighteen (18) and twenty-one (21) years old is required by law to secure the parental consent of his/her father, mother, surviving parent or guardian in the order given. (Article 14 Family Code of the Philippines)

 I am 18 years old and I got married without my father’s consent. Is my marriage valid?

Yes, even if one has failed to obtain his/her father’s consent, the marriage is still deemed as valid ‘subject to the right of the parents or guardians to file for its annulment within five (5) years from the celebration of the marriage’. (Article 47 Family Code of the Philippines)

I am 23 years old but my parents are against my plan to get married, can I still get married?

Yes, while it is true that a person between the age of twenty-one (21) and twenty-five (25) is obliged by law to seek parental advice. If parties cannot obtain such advice, or if it be unfavorable, the marriage license will still be issued but only after three months following the completion of the publication of the application. (Article 16 Family Code of the Philippines)

Here are the procedures of Marriage of Australians in the Philippines

This information is provided to assist you to complete the necessary formalities to ensure that your marriage is legally recognized under both Philippine and Australian law.

For a foreigner to legally marry under Philippine law, two documents are required:

NOTE: Philippine law requires the CNI to be issued by the Embassy of the applicant’s country of nationality in the Philippines. Documents issued in Australia or other countries are not acceptable to the Philippine authorities.

The Certificate of No Impediment (CNI) to Marriage is not a requirement of Australian law. This is issued at the request of overseas countries seeking to ensure that a marriage involving Australian citizens, celebrated in that country, will also be recognized as a valid marriage by the Australian authorities.

A WORD OF WARNING: There have been cases where people have offered to be of assistance in arranging a marriage without completing all the necessary formalities. These marriages may not be recognized for purpose of migration to Australia. If you are encouraged or advised to go through marriage procedures which differ from the following process you should check with the Immigration Section of the Australian Embassy in Manila to ensure your marriage will be recognized as legitimate for migration purposes.

For Australian citizens the quickest and easiest way to obtain a CNI is by mail of from Consular Section of the Australian Embassy.

Australian citizens must complete an application for a Certificate of No Impediment to Marriage and lodge the completed form with the Consular section of the Australian Embassy in Manila.

This application form may be obtained from:

  • the Australian Embassy in Manila,
  • or from any other Australian Embassy
  • or Consulate overseas,
  • or any office of the Department of Foreign Affairs and Trade in Australia.
  • or printed from here.

Full details of your intended spouse must be included in the application for the CNI.

Evidence of the applicant’s nationality and date of birth must be sighted before a CNI can be issued, normally an Australian passport or birth certificate.

A certified copy of these documents may be accepted if you do not wish to send the original documents in the mail.

If you choose to send the forms to the Embassy by mail, please allow sufficient time for delivery bearing in mind that there are often delays (and losses) in domestic and overseas mail.

PLEASE NOTE THAT: the Embassy does not have the resources to acknowledge receipt of these forms

The Embassy suggest you contact the Consular Section of the Embassy about three weeks after posting, to confirm receipt of forms.

There is no waiting period for the issue of a CNI. A CNI can be issued by the Embassy immediately if all requirements are met.

The applicant must declare that the information contained in the application is true. The declaration must be witnessed by a person who holds the office or professional qualification listed at the bottom of the application.

Where the application is declared overseas, it may be witnessed by a person, who holds under foreign law, an equivalent office or equivalent professional qualifications to those listed at the bottom of the application.

An authorization letter is required for a fiancé(e) to collect the Certificate.

Identification must be produced to confirm the identity of the fiancé(e) named on the Certificate.

The processing fee for the CNI is payable on or before collection of the issued CNI.

The current fee payable can be ascertained by visiting the Current Consular Fees page.

Payments for CNIs must be paid in Philippine Pesos.

Payment should be made in cash or by Philippine bank-issued bank manager’s cheque (not Australian dollars).

If you are unable to make the payment using the two available options, you should contact the Australian Embassy in Manila to discuss arrangements.

If you would like the Embassy to post the CNI to you, please provide your mailing address. You should allow sufficient time for any postal delays.

NOTE:-RESIDENTS OF AUSTRALIA WHO ARE NOT AUSTRALIAN CITIZENS

To comply with both Philippine and Australian law, permanent residents of Australia who do not hold Australian citizenship must obtain a CNI from the Embassy or Consulate of their nationality.

To obtain this certificate, you should contact the Consular or Diplomatic representative in Manila of the country of which you are a citizen.

For example: an Italian citizen resident in Australia should contact the Italian Embassy in Manila; similarly, a U.K. citizen resident in Australia should contact the British Embassy in Manila and so on.

If you encounter difficulties, you should discuss the matter with a Consular officer at the Australian Embassy, Manila.

NOTE:-The Australian Embassy has been advised by the Local Civil Registrar that persons who have no Embassy or Diplomatic representative in the Philippines may not be required to produce a CNI to obtain a marriage license.

These people MUST contact the Local Civil Registrar at the City Hall.

The registrar may be able to assist them in obtaining a legal marriage license.

NOTE: It is strongly recommended that you also contact your Embassy or Consulate in Australia before you leave for the Philippines to find out your country’s rules concerning the issue of the certificates.

If you require more information or assistance in securing your CNI then contact us by sending your details on:-https://www.respall.com/spouse-visa-pathway.

Mabuhay!

November 24, 2015