Places for Marriage Solemnity, A8 Family Code
1. Venue of marriage ceremony
Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. (57a)
a. General rule: Public ceremony
1) This article requires that the marriage be solemnized publicly and thus specific locations depending on the solemnizing officer.
b. Exceptions: Other venues, when allowed
1) By way of exceptions, the following venues are allowed:
(a) Articulo mortis marriages;
(b) Remote places in accordance with Article 29 of this Code; or
(c) By written request from the parties to the solemnizing officer, in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect.
2. No secret wedding
Considering the above requirements of a public celebration of marriage, marriages done in secrecy are not recognized. Further, it should be noted that application for a marriage license requires publication or notice to the public. Thus, it is unlikely that marriages may be kept a secret from the public.
a. Rationale
The reason why secret marriages are not possible is because there is public interest in marriage between two people due to the legal effects that may be produced. For instance, individuals who have subsisting marriages cannot marry another person. With respect to properties, if there is no prenuptial agreement, marriages lead to the combination of the assets and even liabilities resulting in conjugal assets and liabilities. This may affect third parties, such as creditors or investors, who contracted with one of the parties on the basis of them being single or unmarried.
