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If you never had a marriage license, can your marriage be annulled?
Yes, when a marriage license is absent, annulment is possible (unless you fall under one of the situations stated in&nbsp;<a href="https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.htmlhttps:/lawphil.net/statutes/repacts/ra1949/ra_386_1949.html">Chapter 2 of the Civil Code of the Philippines</a>).
A marriage license is&nbsp;<a href="https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/">required for a valid marriage</a>&nbsp;for most marriages.
Without a marriage license, the marriage is considered void ab initio or invalid from the start.
A marriage that void ab initio can be ended through Annulment &ndash; yes, you do have to file a case in court to end the marriage as you cannot just walk away.
Understanding how the absence of a marriage license affects your legal status is key to reclaiming your freedom&mdash;and your future.
In this article, I will discuss the legal implication of lacking a marriage license, the proper petition to file and the step by step process of filing an annulment due to no marriage license in the Philippines.

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Marriage license is issued by the local civil registrar of a city or municipality where the spouses reside.
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&nbsp;
A marriage license is a legal requirement that allows a person and his/her soon to be spouse to marry anywhere in the Philippines (Article 53 of the Family code.)
It serves as proof that both parties have the legal capacity to marry and that they have complied with the formal requirements set by law before entering marriage.
It&rsquo;s valid for 120 days from its issue date and must be secured before either a civil or church ceremony.
The marriage license shows:
<ul>
<li>Place of marriage</li>
<li>Full names of bride and groom, ages and birth dates, complete addresses, gender, citizenship and other personal details</li>
<li>Marriage license number must also be shown</li>
</ul>
A marriage contracted without a marriage license would be a void marriage due to no license in the Philippines and can therefore be annulled, unless covered by one of the below legal exemptions:
<ul>
<li>Marriage between Muslims and indigenous groups following their customs.</li>
<li>Marriages under extraordinary circumstances like during war, with one party in danger of death.</li>
<li>Cohabitation for at least five years (<a href="https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/">Article&nbsp;</a><a href="https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/">34 Family Code exemption</a>).</li>
</ul>

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Minor issues like inadvertent omissions or typographical errors in the marriage license does not make it invalid
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&nbsp;
If the issue with your marriage license is minor, your marriage is likely still valid, especially if the license was properly issued and the ceremony was duly performed by an authorized solemnizing officer.
A good example would be typo errors on the marriage certificate or license.
Typo errors on the marriage certificate do not make the marriage void.
Only serious issues with the marriage license make the marriage void.
And when the marriage license is absent, annulment is certainly possible since there is no marriage license to begin with.
When there is a serious issue with the marriage license or when the marriage license is absent, annulment is the only way to end the marriage and remove the PSA marriage record.
No, you cannot just walk away.
You will have to file a court cased for declaration of nullity due to no license issued and only when that court case is ended will the PSA marriage entry be removed.
Aside from the lack of a marriage license, other serious errors in the marriage license information can be ground for a no?license nullity court case.
For example:
<ul>
<li>The marriage license is for another couple</li>
<li>It is a fake license number, or</li>
<li>It was issued after the ceremony, among others</li>
</ul>
These examples can be grounds for annulment for a void marriage due to no license in the Philippines.
If you do have an issue with lack of a marriage license, you will need proof so that the annulment case is successful.

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It is necessary to get a certified copy from the Local Civil Registrar
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When you are trying to determine how to prove there was no marriage license, LCR documents and PSA certificates are key.
You can get your marriage certificate at the Philippine Statistics Authority (PSA).
You can also get a copy at the Local Civil Registrar&rsquo;s (LCR) Office of the city where your marriage was registered.
On your marriage certificate, check the marriage license number.
If there is no number, then this may already be proof that there was no marriage license submitted when you got married.
In this case, get a Local Civil Registrar certification stating that there is no record of your marriage license.
If there is a marriage license number, contact the LCR and get the marriage license file for the number.
Check if the number is registered under your names.
If it&rsquo;s under a different name, then your marriage license is not valid.
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Local Civil Registrars are usually busy so it is highly suggested to go early in the morning so that the officers are still fresh.
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Also, check the date the marriage license was issued and double check expiration date.
If you married after the license expired, your marriage is not valid.
If you married before the license was issued, then your marriage is also not valid.
Now, what if you did not appear at the LCR for the marriage seminar or you acquired the license through a fixer?
In that case, the officer who gave you that license may be charged administratively but your marriage is still considered valid if the marriage license was actually issued to you.
To summarize &ndash;
If you have an issue with your marriage license or are how to prove there was no marriage license, LCR documents and PSA certificates are the place to start. For that, you will need to get the entire marriage license and marriage application file at the LCR.
If there is no file, get a Local Civil Registrar certification stating that there was no marriage license.
You will need to submit this to a lawyer when you start your annulment case for a void marriage due to no license in the Philippines.

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They must have lived together for 5 years so that an Affidavit of Cohabitation is possible.
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&nbsp;
An Affidavit of Cohabitation is a notarized affidavit stating that the couple have been living together for 5 years without impediment.
Being without impediment means that they both could have gotten married when they started living together. Some examples are:
<ul>
<li>That both are of legal age at the time they started living together</li>
<li>That neither was disqualified from marrying each other (i.e. neither one was already married.)</li>
</ul>
This is submitted to a priest or officiating officer instead of a marriage license.
This would still be a valid marriage as this scenario is covered under the Article?34 Family Code exemption which states that people who have lived together for 5 years do not need a marriage license.
When a couple has lived together for 5 years, an Affidavit of Cohabitation can be used in place of a marriage license.
Please note that if there was a marriage but that the affidavit contained false information (there was legal impediment on one side, they were not actually living together) then, any marriage based on it can be challenged and be ended through annulment.

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If it can be proved that one of the couple was living abroad when he was supposed to be cohabitating with the other, then this can be used as proof that the Affidavit was invalid.
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To prove that your cohabitation was less than 5 years, you will need witnesses that can testify that you had lived together for less than 5 years.
These witness testimonies must also be accompanied by documentary evidence.
For example, you can get travel records from the Bureau of immigration that show that one or both parties were not living in the same country during the time they were supposed to be cohabiting.
Additional other documents can be needed.
However, please remember that if you try to use this defense, it is possible that you will be charged with falsifying documents.
This can carry with it jail time, so please consult first with one of our family lawyers before using this ground for your annulment.

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Petitions are filed with the RTC-OCC of the City or Municipality where the marriage certificate is recorded
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&nbsp;
Yes, you can end a marriage by filing a case for declaration of nullity due to no license.
This type of annulment falls under a type of case called Nullity of Marriage.
A Nullity of Marriage case is a type of annulment case that has the following characteristics:
<ul>
<li>The marriage was never valid to begin with</li>
<li>The marriage was invalid due to the ground of absence of a valid marriage license or serious error in the marriage license, bigamy, incest, etc.</li>
<li>The children of this type of marriage are illegitimate, unless the ground is psychological incapacity</li>
<li>Property acquired during the partnership is presumed to have be acquired through their joint effort.</li>
</ul>
A Nullity of Marriage case is technically different from an Annulment case.
An Annulment case has the following characteristics:
<ul>
<li>The marriage was valid to begin with but is later deemed voidable</li>
<li>The marriage can be invalidated when there is lack of consent, force or intimidation, etc.</li>
<li>Children of this type of case are legitimate</li>
<li>There is&nbsp;<a href="https://lawyerphilippines.org/conjugal-property/">conjugal property</a></li>
<li>Based on article 45 of the Family Code</li>
</ul>
As you can see, the effects of these types of cases are different.
When you file a case for declaration of nullity due to no license, you are filing to end the marriage using a Nullity of Marriage case which will have the above effect on you.

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You actually do not have to worry about the procedure because this is why you hire a lawyer at the first place.
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Step 1. Find a lawyer
Once you have decided to go through with the process, you will need a lawyer to file an annulment due to no marriage license in the Philippines.
Your lawyer will also need documents from you, which include:
<ul>
<li>Your marriage certificate,</li>
<li>If you have children, birth certificates of your children,</li>
<li>Your complete address, and proof of residence, for the last 6 months. These can include utility bills, governments ID&rsquo;s, a lease contract or a land title.</li>
<li>A notarized barangay certificate with a sketch map of your residence.</li>
<li>List of at least 2 witnesses who directly witnessed the events you want to prove</li>
<li>Certification from the LCR that you were not issued a marriage license or for the affidavit of cohabitation proof such as travel documents showing non-cohabitation from both ends</li>
<li>Other documents as determined by your lawyer</li>
</ul>
&nbsp;
Step 2. File the petition
After all the above steps have been done, your family lawyer will go ahead and draft the petition for declaration of nullity due to no license.
He will also talk to all your witnesses who will be testifying in court on your behalf. He will use this information to draft the Judicial Affidavits needed.
Your lawyer may then double check with you to ensure that the details are correct and accurate.
Once finalized, your lawyer will file the petition for annulment due to no marriage license in the Philippines.
This should be filed at the family court of the city you have lived in for at least 6 months before you filed your petition.
Step 3. Attend the Pre-Trial and Collusion Investigation
The judge assigned to your case will ask a prosecutor to conduct a collusion investigation to make sure both parties did not conspire to file the petition.
This means you and your partner should not have agreed to file for an annulment from each other.
This also means that any proof that you present should be real and actual proof.
Make sure to attend as a non-appearance by a petitioner may lead to a dismissal of the petition.
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Collusion investigations are held in the prosecutor&rsquo;s office where the prosecutor attempts to find evidence of connivance between the petitioner and the private respondent
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Step 4. Trial
This is when you are ordered to appear in court for the hearings regarding your annulment. These hearing are when evidence is presented and witness testimonies are heard.
You may be asked to go back a few times.
Make sure to always be present as your case may be dismissed if you do not attend.
Step 5. Wait for the Decision and Finality
The decision is released after a Formal Offer of Evidence is granted.
It may take a while and will largely depend on the case load of the court.
If the petition is granted, wait for 15 days after the Decision of the court has been served to the respondents. Note that because it is 15 days from the date of service of the respondents, this can take a few weeks to months due to postal service issues.
If there is no motion for reconsideration or appeal during this time, you can get a Certificate of Finality from the court.
Step 6. Registration at the LCR and PSA Main
The Decision must be recorded at the LCR and the PSA (Philippine Statistics Office).
This is a manual process and requires several trips back to the Court, the LCR and the PSA main.
Due to processing, this may take several weeks to months.

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Hiring a lawyer and filing a court case may be expensive and tedious but it is very rewarding in the end.
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The process for the annulment will begin as soon as your lawyer submits your petition for a void marriage due to no license in the Philippines.
When your spouse doesn&rsquo;t contest the annulment and there are no other issues such as property, custody or support then the whole process can take from 3 years or more to finish.
This timeline is very dependent on the court&rsquo;s calendar.
(Note that we suggest removing property concerns, child support and other issues from the case because it can really extend the timeline and cost. It&rsquo;s better to file separate cases for these other concerns.)
Cost for the annulment will be different for every lawyer but it can range between Php 300,000 to Php 600,000.
(Please note, this is very, very dependent on what the actual circumstances are. You may need a psychologist to strengthen your case, and that can add to cost or you may need more research which adds to cost as well. Or it may be less.)
If it takes longer because the annulment is contested, costs can reach much higher.
These are pretty high figures for ending a marriage and our foreign clients (and even local clients) often need us to explain why.
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It&rsquo;s best to pay for an annulment lawyer you trust since an annulment denied on its grounds cannot be filed again.
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In the Philippines, ending a marriage through a no?license nullity court case&nbsp;requires a trial&nbsp;and the presentation of evidence and proof.
A trial requires preparing witnesses &ndash; in this case 3 including the petitioner &ndash; and their written Judicial Affidavits.
The documentary proof also requires a lot of work pulling the research from the correct institutions.
Additionally, service requirements such as notice and publication may be needed.
And all of this must be overseen by a lawyer.
A lawyer must oversee this because the quality of proof is important and the legal strategy sound.
A lawyer may request that you get a psychologist because the proof may have to be stronger.
This is done to&nbsp;win the case because if an annulment is lost, you can never file it again and you will remain married in the Philippines.
If you find a lawyer you can trust, work with him because the little legal requirements that have to be complied with (that clients never see) can make or break a case.
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The nullity of a marriage has a domino effect, as it carries significant legal consequences, affecting property rights, inheritance, and the legitimacy of children.
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&nbsp;
1. Personal Status
<ul>
<li>Parties revert to single status</li>
<li>They may legally remarry without any further impediment</li>
</ul>
2. Property Relations
<ul>
<li>The marital property regime is dissolved</li>
<li>Assets acquired during the union are subject to co-ownership rules under Articles 147 and 148</li>
<li>Good faith influences how assets are distributed between parties</li>
</ul>
3. Children&rsquo;s Legitimacy and Custody
<ul>
<li>Children born of a void marriage are considered legitimate if both parents acted in good faith</li>
<li>Illegitimacy may arise if either parent acted in bad faith, affecting inheritance rights</li>
<li>Parental authority and custody remain intact unless altered by court proceedings</li>
</ul>
4. Inheritance Rights
<ul>
<li>Former spouses cannot inherit from one another</li>
<li>Wills must be revised to reflect changes in marital status</li>
</ul>

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Unfortunately, there is no divorce in the Philippines because majority of law makers are conservatives.
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&nbsp;
No, not really.
In the Philippines, divorce is not allowed.
Divorce in other countries is very streamlined and it barely has a trial.
Also, people think that a Legal Separation is cheaper than annulment and will end the marriage.
However, a Legal Separation is more expensive than annulment and will not end the marriage.
A legal separation is court-approved decision that allows the separation of a husband and wife and ends marital obligations.
However, you are still married to each other.
For anyone who really wants to end a marriage, you will likely have to go through annulment.

Can I get an annulment when I have no marriage license?