Affidavit of legal capacity to marry

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Things you need to know about Affidavit of Legal Capacity to Contract Marriage.

Last updated on 8 December 2023

1. What is an Affidavit of Legal Capacity to Contract Marriage?

An Affidavit of Legal Capacity to Contract Marriage is a written statement under oath by a person (the “Affiant”) asserting that he / she has legal capacity to contract marriage in the Philippines.

2. When do you need an Affidavit of Legal Capacity to Contract Marriage?

The Philippines requires a foreigner who wants to marry in the Philippines to get from his / her Embassy or Consulate in the Philippines a "Certificate of Legal Capacity to Contract Marriage" ("Certificate"), before obtaining a marriage license. The Certificate says that the foreigner has no legal impediments to the intended marriage.

If for any reason the foreigner is unable to obtain the Certificate, an Affidavit of Legal Capacity to Contract Marriage is normally used instead of the Certificate.

3. What information do you need to create the Affidavit?

To create your affidavit, you’ll need the following minimum information:

The name and details (e.g. nationality, address, birth details) of the Affiant;
The Affiant's civil status; and
The name of the person the Affiant intends to marry, including details of the intended marriage.

4. How much is the document?

The document costs PhP 350 for a one-time purchase. Once purchased, you have unlimited use and revisions of this document.

You can also avail of Premium subscription at PhP 1,000.00 and get (a) unlimited use of our library of documents, from affidavits to contracts; and (b) unlimited use of our “Ask an Attorney” service which lets you consult a lawyer for any legal concern you have.

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