Marriage
The Family Code sets the age of marriage at 18, with parental consent required below 21 and parental advice below 25. Religious solemnising officers registered with the civil registrar can perform marriages with full legal effect. Since 2021, the Prohibition of Child Marriage Act has criminalised marriage involving anyone under 18.
Key points
| Age | 18; parental consent required from 18 to 20, parental advice from 21 to 24 |
|---|---|
| Polygamy | Prohibited under the Family Code; permitted for Muslims under the Code of Muslim Personal Laws, under conditions. |
| Child marriage | Prohibited and criminalised since 2021, including facilitating or solemnising it |
| Licence | Marriage licence from the local civil registrar, with a 10-day posting period |
| Religious ceremonies | Legally effective if the officiant is registered |
| Same-sex marriage | Not recognised |
| Muslim Filipinos | Code of Muslim Personal Laws applies, with different rules |
| No divorce | Marriage can only be ended by death, nullity or annulment |
| Licence validity | 120 days, valid anywhere in the country |
| Cohabitation exception | No licence needed after five years of cohabitation without impediment |
| Family planning seminar | A certificate is required before the licence is issued |
| Minimum age 18 | Child marriage was prohibited outright in 2021 |
In practice
- Attend the family planning and responsible parenthood seminar required for the licence.
- Allow for the 10-day posting period before the licence is issued.
- Register the marriage with the Philippine Statistics Authority and obtain the PSA certificate.
- Foreign nationals need a certificate of legal capacity from their embassy.
- Complete the seminar early: the certificate is a precondition for the licence.
- Verify the solemnising officer's registration with the civil registrar general.
Cost and coverage
Licence and registration fees are low; church and venue fees are the main expense.
Recent changes
The 2021 child marriage law was a major reform, covering not only legal marriages but also informal and customary unions involving minors.
Where to go
- Local civil registrar for licences.
- Philippine Statistics Authority for certificates.
- Commission on Human Rights and NGOs on child marriage.
Worth knowing
Because the Philippines has no divorce, the decision to marry carries consequences that are extremely difficult to undo. Legal capacity documentation for foreign spouses should be checked carefully for the same reason. Verifying the officer's authority beforehand is worth the effort.
The general article: Marriage · Compare with another country
Partnerships and cohabitation
Articles 147 and 148 of the Family Code govern property relations between people living together without marriage. Where both were capacitated to marry, wages and property acquired through joint efforts are owned in equal shares, and joint effort is presumed even where one partner cared for the home. Where one was not capacitated — for example, still married to someone else — only property acquired through actual joint contribution is co-owned.
Key points
| Article 147 | Both capacitated to marry: equal co-ownership of property acquired during cohabitation; homemaking counts as contribution |
|---|---|
| Article 148 | One party not capacitated: co-ownership only in proportion to actual contributions |
| Same-sex couples | No recognised status; property claims rest on ordinary co-ownership principles |
| Children | Illegitimate children inherit a reduced share but their rights are protected |
| Succession | A cohabiting partner does not inherit on intestacy |
| Solo parents | Benefits available under the Solo Parents' Welfare Act |
In practice
- Document contributions to property purchases and keep receipts.
- Title property jointly where both are contributing.
- Make a will — subject to the rights of compulsory heirs.
- Acknowledge children formally so their filiation is not disputed later.
- Document contributions carefully if Article 148 applies — the presumption of equality does not.
- Register children with the father's acknowledgement where possible: it affects support and inheritance.
Cost and coverage
Notarial fees for agreements and wills are modest.
Recent changes
Because divorce is unavailable, many Filipinos live in second families while legally married to someone else — which is precisely the situation article 148 addresses.
Where to go
- Local civil registrar for acknowledgement of children.
- Public Attorney's Office for eligible litigants.
- Integrated Bar of the Philippines legal aid.
Worth knowing
Which article applies is decisive. If either partner is still legally married to someone else, only proven contributions count — homemaking does not, and that changes outcomes dramatically.
The general article: Partnerships and cohabitation · Compare with another country
Same-sex marriage
No criminalisation and high visibility, but no recognition and an equality bill pending for twenty-five years.
The Philippines has never criminalised same-sex conduct and social visibility is high by regional standards, but there is no marriage, civil union or partnership, and no national anti-discrimination statute. The SOGIE Equality Bill has been filed in every Congress since 2000 without passing. Around two hundred cities and provinces have enacted their own anti-discrimination ordinances.
The Philippines is the country in this list where social acceptance runs furthest ahead of the law. Visibility in media and public life is high, criminal law is silent, and yet a couple has no legal existence at all — and, uniquely among large countries, cannot even undo a prior marriage, because divorce does not exist.
Key points
| Marriage | Not available; the Family Code defines it as between a man and a woman |
|---|---|
| Criminal law | No criminalisation |
| Union alternative | None |
| Foreign marriage | Not recognised |
| Local ordinances | Around two hundred cities and provinces prohibit discrimination |
| Adoption | Not available to same-sex couples; single-person adoption is possible |
| Divorce | No divorce law, which complicates every family situation |
In practice
- Whether you are protected against discrimination depends on the city or province: check the local ordinance.
- A foreign marriage will not be registered with the civil registrar and has no effect.
- Wills and powers of attorney are the practical tools; property is best held with clear documentation.
- The absence of divorce means a previous marriage can only be annulled, which takes years and money.
Cost and coverage
Annulment of an earlier marriage, where relevant, commonly costs several hundred thousand pesos and takes years.
Recent changes
The SOGIE Equality Bill has again been refiled in the current Congress; in its absence, the network of local ordinances continues to expand city by city.
Where to go
- Local government unit, for the applicable anti-discrimination ordinance.
- Commission on Human Rights, which accepts complaints.
- Lawyer, for wills, property arrangements and nominations.
Worth knowing
The Supreme Court dismissed a constitutional challenge to the Family Code definition in 2019 on procedural grounds, without deciding the substance — the question remains legally open but politically stuck.
Frequently asked questions
What protection do local ordinances give?
They typically prohibit discrimination in employment, education, services and housing within that city or province, with administrative penalties. Coverage is patchy and enforcement uneven, but in cities that have them the ordinance is the only available basis for a complaint.
Why does the absence of divorce matter here?
Because a parent whose earlier marriage has not been annulled remains married, which affects property, inheritance and the status of children of a later relationship. For blended families it is the single largest complication in Philippine family law.
The general article: Same-sex marriage · Compare with another country
Religious ceremony
Priests, imams and rabbis may solemnise, but only if registered — and a marriage licence is required first.
The Family Code lists solemnising officers: judges, priests, imams, rabbis or ministers of any church or religious sect duly authorised by their church and registered with the civil registrar general, ship captains and aircraft chiefs in articulo mortis, and consuls abroad. A marriage licence is needed, valid for 120 days, except where the parties have lived together as husband and wife for at least five years.
Key points
| Solemnising officer | Must be duly authorised by their church and registered with the civil registrar general |
|---|---|
| Marriage licence | Valid for 120 days anywhere in the Philippines |
| Muslim marriages | Code of Muslim Personal Laws, with Shari'a courts |
| Registration | Within fifteen days with the local civil registrar |
| No divorce | Only annulment and nullity for most Filipinos |
| Registration with the civil registrar general | Required for a solemnising officer to be authorised |
| Fifteen days | The officer must transmit the documents within that period |
| Shari'a courts | Handle Muslim marriage and divorce |
In practice
- Verify the solemnising officer's registration before the ceremony, not after.
Where to go
- Local civil registrar.
- Philippine Statistics Authority for certified copies.
- Shari'a Circuit Courts for Muslim marriages.
Worth knowing
An unregistered solemnising officer makes the marriage void, and with no divorce available the consequences are severe: verify the registration before the ceremony.
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
Veil, cord and thirteen coins, with principal sponsors who take a lasting role.
The Catholic Filipino wedding has three distinctive rites inside the ceremony: the veil pinned over the couple to symbolise being clothed as one; the cord, a figure of eight placed over their shoulders; and the arrhae, thirteen coins handed by groom to bride. Ninong and ninang, the principal sponsors, are chosen for their standing and keep a role in the couple's life afterwards.
A Filipino Catholic wedding has three symbolic acts within the mass: the veil, pinned across the couple's shoulders to signify being clothed as one; the cord, a loop laid over them in a figure of eight; and the arrhae, thirteen coins the groom gives the bride as a pledge of provision. Each is placed by a set of sponsors — the ninong and ninang — who are chosen for standing and who keep a role in the couple's life afterwards.
Key points
| Pamanhikan | Formal visit of the groom's family to ask for the bride's hand |
|---|---|
| Veil | Pinned over the couple during the ceremony |
| Cord | Figure of eight laid over their shoulders |
| Arrhae | Thirteen coins, symbolising provision |
| Ninong and ninang | Principal sponsors, with a lasting role |
| Money dance | Guests pin banknotes to the couple during a dance |
| No divorce | Absence of divorce shapes how marriage is approached |
In practice
- Being asked to be ninong or ninang is an honour with real obligations — and costs.
- The money dance is expected; small notes are the norm.
- There is no divorce: annulment is long and expensive, which changes the stakes.
- The pamanhikan is not optional in most families.
What it costs
A Philippine wedding commonly costs between ₱250,000 and ₱600,000 for a mid-range celebration in Manila, less in the provinces. Sponsors traditionally contribute, which offsets a meaningful share.
Recent changes
Civil registration has been substantially digitised, making licences and certificates easier to obtain; destination weddings within the country have grown strongly.
Frequently asked questions
What do principal sponsors do?
They act as witnesses and as lifelong advisers to the couple, and being asked is a genuine honour that carries obligations — often including a contribution to the wedding. Secondary sponsors, usually younger, place the veil, cord and coins during the ceremony.
Is there a civil requirement as well?
A licensed solemnising officer, including a priest, can perform a legally valid marriage, but a marriage licence from the local civil registrar is required first, with a ten-day posting period. Couples who have lived together for at least five years may be exempt from the licence.
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
Absolute community of property by default since 1988, and compulsory heirs with a reserved share that a will cannot defeat.
For marriages celebrated from 3 August 1988, the default regime is absolute community of property: nearly everything owned before and acquired during the marriage forms a single community. Earlier marriages default to conjugal partnership of gains. On death, the Civil Code reserves the legitime for compulsory heirs — children, the surviving spouse, and in some cases parents.
Key points
| Default regime | Absolute community of property for marriages from 1988 |
|---|---|
| Prenuptial agreement | Must be executed before the ceremony; it cannot be changed afterwards without court approval |
| Legitime | Reserved portion for compulsory heirs; a will can only dispose of the free portion |
| Illegitimate children | Entitled to a share, historically half that of legitimate children |
| Estate tax | Six per cent of the net estate, with a standard deduction and family home deduction |
| Extrajudicial settlement | Available where there is no will and heirs agree, published in a newspaper |
| Foreigners | Cannot own land; succession to Philippine land raises specific issues |
| Absolute community | The default for marriages since 1988 unless a prenuptial agreement says otherwise |
In practice
- Execute any prenuptial agreement before the wedding — afterwards is too late.
- File the estate tax return within the statutory deadline to avoid penalties.
- Use extrajudicial settlement where possible; it is far faster than judicial settlement.
- Have the family home documented — the deduction is significant.
- Settle the estate within the tax deadline: penalties and interest accumulate quickly.
- Use extrajudicial settlement where possible; court proceedings take years.
Cost and coverage
Estate tax at six per cent, plus publication and notarial costs for settlement.
Recent changes
Estate tax amnesty programmes have been extended several times to allow families to regularise long-unsettled estates, a widespread problem.
Where to go
- Bureau of Internal Revenue for estate tax.
- Registry of Deeds for property transfers.
- Public Attorney's Office for eligible litigants.
Worth knowing
Unsettled estates are the single biggest property problem in the Philippines: land held in a grandparent's name cannot be sold or mortgaged until the estate is settled and the tax paid. Foreigners cannot own land, which complicates estates in mixed marriages. The surviving foreign spouse can inherit by succession but not purchase.
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
The Philippines remains, alongside the Vatican, the only state where most people cannot obtain a divorce. The Family Code provides for declaration of nullity, annulment and legal separation. Muslim Filipinos may divorce under the Code of Muslim Personal Laws. A divorce validly obtained abroad by a foreign spouse can be recognised for the Filipino spouse by court petition.
Key points
| Divorce | Not available under general law |
|---|---|
| Nullity | For void marriages, including psychological incapacity under article 36 |
| Annulment | For voidable marriages: lack of parental consent, fraud, force, impotence, serious sexually transmissible disease |
| Legal separation | Separates property and cohabitation but does not permit remarriage |
| Foreign divorce | Recognisable by judicial petition where obtained abroad; case law has extended this to divorces jointly obtained |
| Cost and delay | Nullity proceedings are lengthy and expensive, often several years |
| No divorce | Except for Muslim Filipinos under the Code of Muslim Personal Laws |
| Cost | Proceedings commonly take years and are expensive |
In practice
- Psychological incapacity was reframed by the Supreme Court in 2021 as a legal rather than strictly medical concept, which has broadened its availability.
- Recognition of a foreign divorce requires proving both the divorce and the foreign law, with authenticated documents.
- Public Attorney's Office assistance is available to qualified indigent litigants.
- Property relations continue until the marriage is judicially dissolved.
- Consider recognition of a foreign divorce if either spouse has foreign nationality.
- Legal separation does not allow remarriage; be clear which remedy you actually need.
Cost and coverage
Nullity petitions typically cost a significant multiple of the monthly minimum wage, which is why many separations are never formalised.
Recent changes
An Absolute Divorce Act passed the House of Representatives in May 2024 but the Senate did not vote on it and the bill lapsed; further bills were filed in the Congress that convened in 2025 without reaching a plenary vote.
Where to go
- Office of the Solicitor General, which participates in nullity cases.
- Public Attorney's Office for qualified litigants.
- Integrated Bar of the Philippines legal aid.
Worth knowing
Because remarriage after an unrecognised foreign divorce can amount to bigamy, anyone who divorced abroad should obtain judicial recognition in the Philippines before remarrying there. The 2021 decision made psychological incapacity a legal rather than medical concept, which removed the need for expert testimony in every case.
General sources
- gov.ph — official government portal