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Marriage Between Filipino & French Nationals (FAQ)

Over the course of a few years I've been receiving mails, good feed backs and additional questions from Filipino women who are in the p...

Showing posts with label Wedding Process in Philippines. Show all posts
Showing posts with label Wedding Process in Philippines. Show all posts

Sunday, 5 June 2016

Certificate of Legal Capacity to Marry, WHAT IS IT and HOW CAN I GET IT?

I've been receiving a lot of questions regarding this document since I published my blog post regarding how we went about getting married in the Philippines.  As much as I religiously answer the queries, some of the questions are just really repetitive, perhaps because some blog readers aren't patient enough to browse through the comments section or even read the entire article (which isn't really a good thing, though I know reading isn't everyone's cup of tea but if we scout for important information, I think we should exert more effort).  Anyhow, I thought it is better to just write a separate post specifically for this certain document so I can just refer readers to this post in the future instead of repeating the same information all the time.  

The Certificate of Legal Capacity to Marry is a legal document required by the Philippine government from a couple wishing to get married in the Philippines, in which, one isn't a Filipino national (a foreigner).  I was asked of this document since my husband is French.  This certificate is a proof that your future spouse doesn't have any legal matrimonial attachment in his country, in short, he is SINGLE.  This is equivalent to our CENOMAR in the Philippines.  You can acquire this document from the French embassy in Manila FOR FREE but before the embassy will issue you this legal paper you'll need to submit the following requirements to them: 

Requirements for an issuance of the Certificate of Legal Capacity to Marry:

For the French National:
  • A duly accomplished questionnaire from the embassy.  To download the questionnaire CLICK HERE
  • A recent (less than 3 months) full text of Birth Certificate
  • Copy of National Identification card or Certificate of Nationality or Biometric passport
  • (If previously married, a court decision of divorce; if widow/er, a certified true copy of death certificate of spouse)
  • Proof of residency or copy of consular certificate if applicable

For the Filipino National:
  • A duly accomplished questionnaire from the embassy.  Same questionnaire as the French national.
  • Authenticated copy of the full text birth certificate (NSO and DFA)
  • Certificate of No Marriage (CENOMAR) issued by NSO
  • Proof of residency in the Philippines
  • Photocopy of 2 ID cards (passport, postal ID, SSS ID ...)
  • (If previously married, mention of annulment decision on duly authenticated marriage certificate and certified true copy of judgment of marriage annulment; If widow/er, authenticated copy of death certificate of the spouse, Copy of birth certificate of illegitimate children duly authenticated.
After submitting the required/complete documents, you'll be advised to wait for about 5 to 8 weeks.  Yes, it can take a long time and here's why:  Once they receive your complete file, they will post a marriage banns at the French embassy for 10 days, if no one opposes, the file will then be sent to the city hall of the residence of your future spouse -in France- where a marriage banns will again be published for  another 10 days.  If there is still no one who opposes your future union, the city hall will then mail a certificate of no opposition to the French embassy.  As far as I know, they use snail mail, that's why it can really be time consuming.  Things might have been changed since then and they might be doing the process/exchanging the files electronically, which means it could be faster now  but I don't want to give you false hope regarding the time frame.  It is always better to ask the embassy directly on how long you need to wait for the certificate to be issued.  Without this certificate, no civil or religious wedding can be done in the Philippines.

I hope this post helps make things clear for you.  You might want to read the following blog entries:
Marriage Between Filipino & French Nationals (FAQ)


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Thursday, 20 October 2011

STEP FIVE: Filipino-French Wedding Procedure in the Philippines


Now The Philippine Process

After we received the Certificate of Legal Capacity we headed to Cebu right away to start the Philippine side of the wedding process.

First we went to the city registrar supposedly for the pre-marriage counselling/seminar only to find out that we had to register first.  We got scared because the woman told us that the seminars in the next few weeks are already fully booked but thankfully she was considerate enough to insert us on the nearest date since my fiancé is not a Filipino citizen and might need to travel back to France soon.

PMC or Pre-Marriage Counsellings are only done every Wednesdays and Fridays so we had to wait for the next available schedule which was a Wednesday.  We had to pay ₱100.00 for the registration and we had to bring a valid ID for me and a passport for my fiancé.

The seminar only lasted for four hours and it's done in a mix of the Cebuano-English languages so I had to translate a few parts to my fiancé.  Some topics were pretty interesting but thankfully it was not so long.

After we did the seminar we had to wait another ten days for the publication of banns at the city registrar.  After the ten day wait time we came back to get our marriage license and our marriage certificate which the solemnizing officer will require on the day of the wedding and we had to pay ₱1,050.00 for that.

We had chosen to let the mayor of Cebu City, Honorable Mike Rama solemnize our wedding because we were told that if we ask a judge to do it we will have to pay an amount between ₱10,000.00 to ₱20,000.00 which we'd rather spend for the reception, it's just ridiculous and if the couple are both Filipinos they will only have to pay ₱300.00.  See?  It's just ridiculous!!  And besides, the Cebu City mayor's office is incomparably nicer (more presentable) than most offices of a judge, which is another very good point to consider.

But it's not that simple and easy to let the mayor do your wedding since he's a pretty busy man.  We contacted and went to the mayors office weeks before our chosen date to make sure he can include it in his schedule and we kept on calling his office to check and make sure that his schedule hasn't changed with any kind of out-of-town/country emergencies.  

When we had all the papers ready we went to the mayor's office the following day for the wedding.  It was very quick and Mayor Rama never failed to make some jokes and sing a few lines from his favorite songs....it was not the usual boring ceremony :) and we had a simple yet perfect wedding!!!

With Mayor Rama



Saturday, 17 September 2011

STEP FOUR: Filipino-French Wedding Procedure in the Philippines

Release of the Certificate of Legal Capacity:

Weeks after I submitted all our papers to the French embassy in Makati my fiancé sent an email to Miss Audrey HUI BON HOA-CHAN to inquire about our paper and she replied it's ready for pick-up and that he could send someone to get it. We were very surprised but in a good way. Initially she told us that in September when he arrives in the Philippines she will have to conduct an interview before they release the Certificate of Legal Capacity but apparently the interview's not necessary in our case (we heard these interviews aren't really nice). Anyway, we're thankful we did it.

My fiancé arrived on the tenth of September, for a very special trip...to tie the knots with me! Yayyy... The following Monday after my fiancé's arrival we went directly to the French embassy to meet Miss CHAN and the certificate of legal capacity to marry was indeed ready. At Last!!

It's the other side of the coin this time...the Philippine process!

Note:

Friday, 10 June 2011

STEP THREE: Filipino-French Wedding Procedure in the Philippines

Submitting the Required Documents to the Embassy

After having all the documents for both me and my fiancé I went to the French Embassy on the 6th of June, 2011 at the following address which I previously mentioned:
16th Floor, Pacific Star Building
Corner Gil Puyat and Makati avenues
1200 Makati City

I submitted my documents to the one in-charged for wedding procedures: Miss Audrey HUI BON HOA-CHAN.  She reviewed the documents with me, taking the ones needed and giving me back the excess documents like the numerous "Proofs of residency" for me and my fiancé (we wanted to be sure so we produced a lot).  Then she asked me a few questions about my answers to the questionaire just to confirm what I wrote there.  She confirmed my address, my parent's information, my profession and my job.  After receiving all the documents and asking all the questions she then told me that they are going to publish our names/information at the embassy for ten days and then send them to my fiancé's city hall in the French West Indies and publish it there for ten days as well.  The city hall will issue a Certificate of Non-Opposition and send it back to the French Embassy in Makati and that's when they CAN issue the Certificate of Legal Capacity but before that there has to be another interview (a long interview) again with Miss Chan for me and my fiancé.

This time we just have to wait for all the publication of banns and the sending of documents to and from the Philippines and hope everything will go well.

Note:

Sunday, 5 June 2011

STEP TWO: Filipino-French Wedding Procedure in the Philippines

Compiling My Requirements for the Certificate of Legal Capacity

As I have mentioned on my previous post STEP ONE I have my own list of documents to compile for submission to the French embassy for the issuance of the Certificate of Legal Capacity to marry.  Let me present these requirements again as follows: 
  • A duly accomplished questionnaire from the embassy
  • Authenticated copy of the full text birth certificate (NSO and DFA)
  • Certificate of No Marriage (CENOMAR) issued by NSO
  • Copy of CFO certificate (Commission on Filipino Overseas) Update: this is no longer in the list of requirements for marriage but you'll need it in exiting the Philippines with a spouse visa.  Hence, I've decided to keep the details on how to get this certificate on this post.
  • Proof of residency in the Philippines
  • Photocopy of 2 ID cards
  • (If previously married, mention of annulment decision on duly authenticated marriage certificate and certified true copy of judgment of marriage annulment; If widow/er, authenticated copy of death certificate of the spouse, Copy of birth certificate of illegitimate children duly authenticated.

HERE'S A DESCRIPTION AND THE PROCESS ON HOW I GOT EACH OF THESE DOCUMENTS:

A duly accomplished questionnaire from the embassy:
You will get this from the "Marriage" section in the French embassy or from their website. It is a questionaire of three pages for each of couple (French for the French national and English for the Filipino, unless the latter speaks French too) and each second page has to be signed by both.  Thankfully my fiancé noticed it when he was filling out his questionaires (in french) so he printed my page and sent it together with all his papers as well via FEDEX since he is working in French West Indies.  

Authenticated copy of the full text birth certificate (NSO and DFA)
It was very easy for me to get this document from NSO because I just orderd it online through their website: (http://nso.citizenservices.com.ph/chat/index) and it only took two days for them to deliver it.  It is amazing how effecient the online service is.  Everything was almost ready however the birth certificate has to also be authenticated by the Department of Foreign Affairs (DFA) and they don't have an office in Cebu.  So I went to a travel agency called Ultimate Visa Corporation and it costed me  ₱2,500.00.  They were the one who had the document authenticated by the DFA.  It's expensive yet it is still cheaper and better than going to Manila myself but the discouraging part is that they told me it would only take around three to seven business days for them to process it and eventually I had to wait fifteen days.  Thankfully I still got it on time before my schedule at the embassy for the submission.  For sure there are other travel agencies that can do it better but I'm still thankful I got it. 

Certificate of No Marriage (CENOMAR) issued by NSO
Same with the birth certifate I just also ordered it online through: (http://nso.citizenservices.com.ph/chat/index).  It took longer though than the birth certificate, around three or four days.  Still very efficient and time saving because you don't have to go and line up for the whole day at their actual office, it will be delivered in your doorstep.

Copy of CFO certificate (Commission on Filipino Overseas) 
Thanks to the world wide web again for making almost every information accessible, I researched on this said document and I have come across a blog writing about this same process by someone who got married to an American, I have used her information as a reference.  I have also found the official website of CFO but I won't note the link here because it might change in the future, just do a quick Google search and you'll find it.  I prepared the documents mentioned in both websites so I won't have to keep on coming back.

Now here is my own list of the documents the CFO asked from me: 
  • 1 photocopy of my passport, bring the original for checking
  • 1 photocopy of my Birth Certificate issued by NSO, bring the original for checking
  • 2 valid IDs, each with 1 photocopy
  • Photocopy of my fiancé's National ID
  • Photocopy of my fiancé's passport (just the first page with his personal information)
  • Few of our pictures together
  • A registration fee of  ₱250.00 (subject to change, verify with CFO first)

Apparently, you have to go to two different offices to get the certificate.  First at an NGO called SMEF-COW  (St. Mary Euphrasia Foundation, Inc - Center for Overseas Workers) which will consume most of your time then later in the afternoon OR the next business day you will have to proceed to CFO (Commision on Filipinos Overseas).

In case you wonder what CFO is, it is a government office providing assistance and/or programs for the Filipinos Overseas.  This Commision in association with SMEF-COW will be the one to issue the Certificate required by the Philippine immigration officer at the airport on your departure day.

SMEF-COW is the one to initiate the group seminar and individual counseling to the spouses/partners of foreign national.  Usually the first impression when it comes to government required seminars is that "it's only done for money and it's nonsense".  Well, corruption is such a broad topic so let's leave it at that, let's focus on what this organization does, what is this seminar all about?  It is actually all about awareness and empowerment.  This is done to prevent Human Trafficking and many other possible problems to be faced by the Filipino planning to live in a foreign country.  In the group seminar they would educate the attendees about the various kinds of abuse that can possibly happen and what to do when these ugly things happen.  They also present a guide for first time travellers, what to do at the airport, rules in travelling etc...  

In the individual interview you will be asked many personal questions, most of them based on the answers you've provided with the form you've filled-out upon registration.

So here are the information of both offices: 
SMEF-COW (St. Mary Euphrasia Foundation, Inc - Center for Overseas Workers)
Address: 60 3rd floor, Ayaay Arcade, Gen. Maxilom Avenue, Cebu City, right across University of San Carlos North Campus.
Monday to Friday (8:00 am - 5:00 pm)
Tel.No:             32 2353745       
Email address: cowcebu@pldtdsl.net

CFO (Commission on Filipinos Overseas)
Causing-Lozada Building, Osmeña Boulevard corner  (Besides DFA Cebu)
MJ Cuenco Street, Cebu City, Philippines
Telefax: (032) 255-5253
Email: cfocebu@cfo.gov.ph

First I went to SMEF-COW.  Got there at past eight in the morning so there were already some people ahead of me but it was ok because they have a limit of twenty people everyday, I was number ten which was good enough.  Once you get inside the room you go to the first window and ask for the registration sheet, sign it and wait for your name to be called.  Once you are called you will be asked some basic information like for example the purpose of the certificate (wedding, travelling etc.) then you will be given a form that you have to fill-out and will be asked to make a payment of ₱250.00.  Make sure you know the mother's maiden name of your fiancé or husband because that's VERY important.

While you are filling-out the form your name will be called again and that time it will be for the picture, you go to window #2, face the camera and at the count of 3 smile...(do your own counting, the person in charge will just tell you to bow your head and my picture was awful)lol...

After a while someone will collect all the forms being filled-out either done or undone but don't worry because you will be given the chance to finish it later and you will be instructed to go to a room for the group seminar.  After the seminar and the travel breifing you can proceed completing to fill-out your forms and you will be asked to come back after lunch for the individual interview.  If you are not able to present all the above mentioned requirements make use of your lunch break to complete them (photocopies, picture, additional information of your fiancé or husband etc.) otherwise you will be asked to come back the next day.  They WILL NOT issue the certificate if your requirements are incomplete.

During the individual counseling session the counselor (most of the time it's a nun) will ask you some basic but VERY IMPORTANT information of your fiancé/husband.  Examples of the questions you will be asked for are as follows: 
  • How did you meet each other?
  • When did you meet?
  • When did you start your relationship?
  • Have you already seen each other personally?
  • How long or how many days did you share together?
  • What is your  fiancé/husband's mother's maiden name?
  • What is your fiancé/husband's job?
  • What is his/her work address?
  • Is he/she already introduced to your family?
  • Describe his/her personality.
  • Have you already fought?  Among what issues?
  • What are your future plans?  
  • How often do you communicate?

Now these are just example questions, they may vary in your case.  They just want to make sure that you know your partner well and that you are not getting into a "fake marriage" or marriages that are done for wrong reasons like "just to be able to go to another country" or marrying just for money.  As long as you love your partner with all your heart then there's nothing to worry about.  

After the interview, if everything goes well you will be given the "Certificate of Attendance" which you will have to present to the CFO office located in the address noted above.  Upon the presentation of your Certificate of Attendance you will be asked to pay an additional 400 pesos for the actual CFO certificate and if you already have your visa you will also be given a CFO sticker which will be checked by the Immigration at the airport on your date of departure.  If like me you also don't have your visa yet then you will be asked to come back once you have the visa so they can attach that sticker to your passport.  It is very important to note that the CFO Guidance and Counseling certificate does not expire, it remains VALID UNLESS the emigrant has a new petitioner OR is bound for another country, so better keep it, losing it would cost you another 400 pesos and 1 week to get a new one plus the hastle that you don't wish to go through.

Proof of residency in the Philippines
I thought that it is the community tax certificate or CEDULA.  Thankfully I trusted my doubt and consulted my friends as to what this could be.  This is commonly known as "proof of billing".  So I used my land line phone bill, my cellphone bill, my bank statement and still included my CEDULA just in case.  But only my land line phone bill was taken by the embassy, I apparently presented more than enough, well, better safe than sorry!

Photocopy of 2 ID cards
I used my SSS ID and my Voter's ID for this but the embassy also requested a photocopy of my passport.  Good thing I brought my passport with me when I went to the embassy even if it's not "noted" in the requirements.

If previously married, mention of annulment decision on duly authenticated marriage certificate and certified true copy of judgment of marriage annulment; If widow/er, authenticated copy of death certificate of the spouse, Copy of birth certificate of illegitimate children duly authenticated.
This is not applicable to me or to my fiancé so I don't have much information about this part.

SUGGESTION: 
If you are going to process the papers it would be better to get the CFO Certificate first because it is the most time consuming.


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