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CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE IN PHILIPPINES

jyf

Newbie
Oct 7, 2022
6
1
Hi All, I wanted to ask if the Certificate of Legal Capacity to Contract Marriage document can be asked and process on the day of the visit to Canadian Embassy Office in the Philippines? Pls I need this information asap..if someone here have the experience. It will be a big help. Thank You
 

alljacks

Member
Jan 18, 2024
13
2
Hi All, I wanted to ask if the Certificate of Legal Capacity to Contract Marriage document can be asked and process on the day of the visit to Canadian Embassy Office in the Philippines? Pls I need this information asap..if someone here have the experience. It will be a big help. Thank You
The Canadian embassy will not help you, big waste of time going there for that, they will refer you to their website to download and print the form on your own which the file is broken and does not work, I had to use the one from an American embassy website, print a few copies and go to a notary public to sign.
 
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jyf

Newbie
Oct 7, 2022
6
1
I see, so when did you do that if I may ask? Coz the local registrar is asking the document that is really coming from the Canadian embassy. Very complicated really :(
 

alljacks

Member
Jan 18, 2024
13
2
I see, so when did you do that if I may ask? Coz the local registrar is asking the document that is really coming from the Canadian embassy. Very complicated really :(
I did it last year, I know how confusing it seems, once you get it done it's not as confusing as it seems, best way to explain it is as follows, Canada doesn't have the certificate that you are seeking for the marriage license, so what you need is to fill an affidavit in lieu of certificate of no marriage, the one on the Canadian embassy website did not open to print and I doubt they fixed it but double check the website maybe they fixed it, someone I met at the embassy told me to use the one from the American embassy website, it is not a country specific form, it is a generalized affidavit that you need to sign at a notary public stating that your country does not have certificate of no marriage and that you certify yourself to have never been married. I wasted alot of time and money traveling to the embassy last year and they we're not helpful, spoke little English and overall not really nice, all they said is that I had to print the form on my own from their website and I showed them that it did not work and they did not care, anyways hopefully this saves you from that headache, if you have any questions let me know.
 

Kaibigan

Champion Member
Dec 27, 2020
1,043
407
I see, so when did you do that if I may ask? Coz the local registrar is asking the document that is really coming from the Canadian embassy. Very complicated really :(
I was married in the Phils in April 2022 and was not asked for such a document. But, I understand that some local registrars do ask.

Many in the Phils do not understand that, unlike the Phils, Canada does not maintain a central registry of marriages. Hence, no Canadian government authority can issue a document saying that Canada has no record of any marriage for you, or certifying your capacity to marry (at least so far as Canada knows). They simply do not know.

In the Philippines, almost all marriages performed there, and quite a few from abroad, end up registered with the Philippines Statistics Authority. On request, the PSA will search their records and, if no marriage turns up, they will issue a "Cenomar" - Certificate of No Marriage. It is virtually a universal requirement to getting a marriage licence in the Phils that one produce a Cenomar. Me and my Filipino wife both had to produce Cenomars. I was not asked for a "Certificate of Legal Capacity to Contract Marriage" or any such document from Canada, likely because the local registrar knew that no one in Canada can certify that any Canadian is unmarried and free to marry. All one can do it to swear an affidavit saying they are not married. Kinda' useless, so not always requested. A few years ago, in a Phils town other than where I got married, I was asked about it by another Canadian who was getting married. In his case, the local registrar asked for an affidavit. I drafted one for him on my computer, printed it, and he swore it before a local notary. It did the job. As suggested by @alljacks, there is no particular prescribed form or necessary magic words.

I am guessing you and your betrothed already have Cenomars, since almost guaranteed you will be asked for them. If you do not have them, most cities in the Phils have a PSA office. Walk in, fill in a form with your name and info and that of your parents (d.o.b., etc.) pay about P100 or so, take a seat and wait to be called. Some time later, you will be called to another counter and handed a document - a Cenomar. If not so lucky, then surprise! You'll be handed a document that looks about the same, but will show the details of a marriage the PSA has on your record.
 

yenyen17

Newbie
May 28, 2024
3
0
Hello is there anyone can give me answers about my situation? I was married here in Philippines with my pilipino Canadian citizen husband ,our marriage is undeclared in canada.and I found that he has an affair with other woman in Canada and thinking to file a divorce for the intention of remarry other woman. Is it possible for him to file a divorce since our marriage is undeclared? And what should I do to make my marriage declare in Canada.. can I declare it on my own like going to embassy and submit all the documents I have?

Pls do help me or advice me what to do
Thank you in advance
 

Kaibigan

Champion Member
Dec 27, 2020
1,043
407
Hello is there anyone can give me answers about my situation? I was married here in Philippines with my pilipino Canadian citizen husband ,our marriage is undeclared in canada.and I found that he has an affair with other woman in Canada and thinking to file a divorce for the intention of remarry other woman. Is it possible for him to file a divorce since our marriage is undeclared? And what should I do to make my marriage declare in Canada.. can I declare it on my own like going to embassy and submit all the documents I have?

Pls do help me or advice me what to do
Thank you in advance
So, are you trying to block him from divorcing you? I am not sure why you would want that. He can divorce you in Canada, since he is Canadian now.

There is no way to "declare" your marriage in Canada. Canada has no equivalent of the PSA.
 

nyantaro19

Star Member
Feb 7, 2024
162
42
Category........
Other
Hello is there anyone can give me answers about my situation? I was married here in Philippines with my pilipino Canadian citizen husband ,our marriage is undeclared in canada.and I found that he has an affair with other woman in Canada and thinking to file a divorce for the intention of remarry other woman. Is it possible for him to file a divorce since our marriage is undeclared? And what should I do to make my marriage declare in Canada.. can I declare it on my own like going to embassy and submit all the documents I have?

Pls do help me or advice me what to do
Thank you in advance
Adding to what Kaibigan said, yes he can divorce you since it's different in Canada.

You can ask your husband to have your marriage recognized in Canada by sponsoring you as a PR, but if there's a third party involved. Let's just say it's all up to your husband.

And no, you can't declare it on your own. There is no such thing.
 

Daddy.Yan

Newbie
Jun 19, 2024
1
0
Good day, just wanted a more clear answer of how to obtain affidavit in lieu of certificate of no marriage. Do I fill it up and go to any notary public to sign here in the philippines or has to be from canada?