What Happens If You Get Married Without a Marriage License in the Philippines?

In the Philippines, marriage isn’t just a celebration of love—it’s a legal commitment that comes with specific requirements. One of the most crucial of these is the marriage license.

Many couples go through a religious or symbolic ceremony thinking they’re already legally married. But under the law, missing even one legal requirement—especially the marriage license—can mean the marriage is not valid at all.

If you’ve been wondering whether your marriage is legally recognized, or you're planning to get married soon, this article will help you understand the implications of marrying without a license, and what you can do if you're affected.

Is a marriage license really necessary?

Yes. Under the Family Code of the Philippines, a marriage license is one of the essential requisites for a valid marriage. Without it, the marriage is considered void from the beginning, unless you qualify under very specific exceptions provided by law.

What exactly is a marriage license?

A marriage license is an official document issued by the local civil registrar. It proves that both parties meet the legal requirements to marry—like being of legal age, not currently married to someone else, and having no legal impediments. Without it, the law does not recognize your union, regardless of how meaningful the ceremony may have felt.

What happens if we got married without one?

If you didn’t secure a valid marriage license, and you don’t qualify under one of the exceptions, your marriage is void ab initio. This means it’s legally treated as if it never existed. You may have lived together, had a ceremony, even raised children—but in the eyes of the law, there was never a valid marriage.

Are there any exceptions where a marriage license isn’t required?

Yes, but only in very specific situations.

The most common is when a man and a woman have lived together as husband and wife for at least five years, without any legal impediment, and they execute a joint affidavit confirming these facts. This is covered under Article 34 of the Family Code. The five years of cohabitation must be continuous and must have occurred before the marriage.

There are also rare cases involving members of indigenous communities, where marriages conducted according to their customs may be valid without a license. Another less common exception involves couples in remote areas with no access to a civil registrar.

We've lived together for years—aren’t we automatically married?

No. Cohabitation, no matter how long, does not automatically create a legal marriage. Even couples who have been living together for decades are not considered legally married unless:

They officially married with a license, or they fall under the limited exceptions (such as Article 34) and have executed the proper affidavit. This misunderstanding leads many couples to discover only later that their relationship has no legal standing.

We were married in a church. Doesn’t that make it valid?

Not always. While religious ceremonies are meaningful, they must still comply with the legal requirements—including securing a marriage license before the ceremony. Even if a priest or pastor solemnized your marriage, it may be considered void if no license was issued and you don’t fall under an exception.

What are the consequences of a void marriage?

If your marriage is void, it means the law doesn’t recognize it as a marriage at all. That affects your legal rights in several ways.

You won’t have the protections of a legally married couple. This includes things like property ownership, spousal inheritance, SSS or GSIS benefits, and the right to make decisions for each other in legal or medical situations.

What happens to property acquired during the relationship?

In a valid marriage, the couple is typically covered by a property regime like absolute community of property, meaning everything acquired during the marriage is jointly owned. But in a void marriage, there’s no legal regime in place.

That means each person owns what’s in their name. If one partner buys a property and the title is in their name, they own it completely—even if both contributed money. This can lead to serious disputes, especially during separation or after death.

What about our children—are they affected?

Yes. Children born from a void marriage are considered illegitimate under Philippine law. This doesn’t mean they are any less loved or cared for, but it does affect their legal rights, especially when it comes to inheritance.

Illegitimate children are entitled to inherit only a portion of what a legitimate child would receive. Their surname and the rules regarding custody and support may also be different. These legal distinctions can become very important later on.

Can we inherit from each other?

Not automatically. Spouses in a valid marriage are compulsory heirs of one another, meaning they inherit by law, even without a will. But in a void marriage, the surviving partner cannot inherit unless there’s a valid will specifically naming them as a beneficiary.

In the absence of a will, the estate usually goes to the deceased partner’s legal family, and the surviving partner has no automatic legal claim—no matter how long they lived together or how much they shared.

What about government benefits and support?

In a void marriage, you're not legally recognized as a spouse. That means you're not entitled to receive spousal benefits like SSS, GSIS, PhilHealth, pension, or employment-related death benefits. You may also have difficulty asserting custody or support rights in the event of separation or legal conflict, especially if your status as a spouse is questioned.

What if we didn’t know our marriage was void?

It’s a situation many couples find themselves in—sometimes years after the wedding. Maybe the license was never issued, or maybe they assumed a religious wedding was enough. Often, people only realize something’s wrong when a legal issue arises, like applying for spousal benefits, dealing with property, or facing a breakup.

The good news is, once you become aware, you can do something about it.

Can this issue still be resolved?

While you can’t go back and make a void marriage valid by simply submitting a license now, there are proper legal steps you can take to move forward. If there’s uncertainty about the status of your marriage, the first thing to do is understand exactly where you stand under the law.

That usually begins with a consultation. A lawyer can help determine if your marriage is truly void and, if so, guide you through the process of filing a petition for declaration of nullity. Once granted by the court, this declaration makes it clear that the marriage was never legally valid—allowing both parties to move on, including the option to enter into a valid marriage in the future.

It’s not an overnight solution, but it’s a necessary one for those who want peace of mind, especially when property, children, or future plans are involved. If you're in a situation like this, know that you're not alone—and that there are ways forward.

*This blog post is intended for informational and academic purposes only and does not constitute legal advice. Readers are encouraged to consult a qualified lawyer for advice specific to their individual circumstances.

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