How To Get an Affidavit in Lieu of a Certificate of Legal Capacity To Marry

A Certificate of Legal Capacity to Marry is one of the most important requirements for foreigners who want to marry a Filipino in the Philippines. Unfortunately, the U.S. Embassy is unable to issue this type of certificate because U.S. Consular Officers are prohibited from releasing certifications about an American citizen’s eligibility to marry.

However, they can issue an Affidavit in Lieu of a Certificate of Legal Capacity to Marry which is accepted by the Philippine government as long as it’s obtained from the U.S. Embassy in Manila.

The Affidavit in Lieu of a Certificate of Legal Capacity to Marry is a self-certification to be executed by the American citizen at the U.S. Embassy in the Philippines, indicating that he’s free to marry in the Philippines.

Update: Pursuant to Memorandum No. 2021-0041 issued by the Philippine Statistics Authority (PSA), local notarization of “Affidavits in Lieu of Certificate to Legal Capacity to Contract Marriage” is allowed. As of this writing, the US Embassy in Manila and Consular agency in Cebu have stopped notarizing these affidavits. Hence, US nationals planning to get married in the Philippines may get their affidavit notarized by any local public notary.

Table of Contents

1. Requirements

  • U.S. Passport (must be valid)
  • Divorce Decree (if the foreigner is divorced)
  • Death Certificate of Spouse (if the foreigner is a widow/widower)

2. Step-by-Step Guide

  1. Proceed to the Local Civil Registry Office of the area where you intend to get married to verify the information included in the affidavit. You may consult an attorney if you have specific questions regarding the affidavit.
  2. Prepare a draft of the Affidavit in Lieu of Certificate of Capacity to Marry. You may use the template provided by the US Embassy.
  3. Write the following details in the affidavit:
  • Name of the US citizen
  • Passport number and issuance date
  • State residency
  • Local address in the Philippines
  • Civil status

4. Print the affidavit and get it notarized by any local public notary.

Go back to the main article: How to Get Married in the Philippines with a Foreigner: An Ultimate Guide

Reference

  1. Notarials. (2022, April 28). Retrieved October 5, 2022, from https://ph.usembassy.gov/services/notarials/