Formal Requisites of Marriage, A3 Family Code

1. Concept

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

Formal requisites – refers to the solemnities or formalities required to be observed for the validity of a marriage. (To better understand this, read on solemnities/formalities of a contract.)

Marriage license – refers to the authority granted by the State allowing or permitting the marriage of the applicants who filed the marriage license.

2. Authority of solemnizing officer

Not all religious leaders are allowed to solemnize or officiate a marriage. Only those who are duly authorized may celebrate a marriage for it to be valid.

a. Written authority

Solemnizing officers should have a written authority from their church or religious sect and they are registered with the civil registrar general: Article 7[2], Family Code.

3. Valid marriage license

Marriage licenses have a validity of up to 120 days only: Article 20, Family Code. It automatically expires after the given period. Thus, it is critical to check whether the license is still valid on the day of the marriage celebration.