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Alk

Certificate of Legal Capacity to Contract Marriage

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Alk

I am planning  to get married soon, so will go to the Cebu Consulate to obtain this document later this week.  I'm assuming I just get there early and wait my turn in line.  

I have been legally divorced  for many years.  I live here in Cebu and have no U.S. divorce decree with me, and don't particularly want to go back to the USA to get one.   I'm wondering if I need a certified copy of my divorce decree in order to obtain a valid Certificate of Legal Capacity to Contract Marriage, from the Consulate?  

I guess, they will answer that question when i get there, but getting some info in advance from the members here would be helpful as well.

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Jawny

Congratulations. 

As you said, you’ll find out when you get there, but I’m pretty sure there is no requirement to provide a divorce decree.  The affidavit you are obtaining is basically an oath you take to serve as evidence you are not married.

There are some other threads indicating the office hours for the consulate agency.  I think Wednesday’s there is no walk-in service.

It is first come, first served.

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Enuff

Arrive early, like 7am. The gaurds will take down your info and issue you a number. Once inside at 8am fill out the paper but don't sign. Pay the $50 fee (credit card ok). After a few minutes the consulate will call you into a private room. Reise your hand and repeat after him, then sign. All done and out by 830am.

Sent from my CPH1819 using Tapatalk

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to_dave007

Can't speak for the USA..  but I DID need both my divorce court order and divorce certificate from Canada when I got married in Cebu in 2014.  That was not required at Canadian Consulate, but by the registrar at the LGU.  No idea if this was a standard requirement or if this was just local registrar being extra careful on behalf of my (now) wife.

Wasn't really an issue for me as I anticipated the need and brought notarized copies with me.

Edited by to_dave007

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A_Simple_Man
19 minutes ago, to_dave007 said:

That was not required at Canadian Consulate

The lady at the Canadian Consulate would not give me the Legal Capacity until I brought in the woman who I was supposed to marry.  Good thing I never brought her with me.  Saved me about $100 and loads more as I never did marry her.  How about you?  Did you have to bring your fiance with you?  Or perhaps the lady was pulling a power trip on me.

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Headshot

It was years ago, but I seem to remember that I needed my divorce decree a few times during the marriage application process. I don't remember if one of those times was at the US Consular Office, but it may have been. Then again, that was with a different US Consul. If you are thinking about getting married here, you might want to email the place where you got your divorce, and find out what you need to send them to have them send you a notarized copy of your decree.

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shadow

You may or may not need it at the consulate for the affidavit, but you WILL need it to present to the LCR where you intend to apply for a marriage license.

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Soupeod

Along with this topic @shadow don't you need a NBI and FBI check as well.

I saw in the city where to get an NBI check but where do you recommend for a FBI check?  

To the OP, thanks for bringing up this topic.  I am in the process as well and appreciate any Cebu info you can pass along. 

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to_dave007
4 hours ago, A_Simple_Man said:

The lady at the Canadian Consulate would not give me the Legal Capacity until I brought in the woman who I was supposed to marry.  Good thing I never brought her with me.  Saved me about $100 and loads more as I never did marry her.  How about you?  Did you have to bring your fiance with you?  Or perhaps the lady was pulling a power trip on me.

When I got the legal capacity it was when Mr Lee was still the consul general. The day I got the legal capacity he did NOT require that my wife be there, but she had been there several times with me prior to that.  Can't say what the requirement would be today.

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to_dave007

Didn't Gwen Garcia introduce a bill into the government to change the documentary requirements for foreigner marriage when she was still congresswoman?  What ever happened to that bill?

At the time there was a lot of words being said about protecting Filipina from foreign men who did not have the resources they claimed to have, and if I remember right the bill would have added proof of income and net assets to the documentary requirements.  Did this ever happen?

Edited by to_dave007

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Salty Dog

In 2013 I was required to bring my fiance with me. Can't remember if there were any documents required. I don't even remember swearing an oath. I think I just signed one. 

I only lived a few hundred meters from the Cebu consulate office. So I had stopped by previously and asked what I needed to bring. 

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TequilaSunset

DAYUM, so complicated to get married in the Philippines. Guess I will just have to stay UNmarried. ?

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Dafey

Do you have to tell them you had a previous marriage?

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Salty Dog
10 minutes ago, Dafey said:

Do you have to tell them you had a previous marriage?

I think the form you fill out ask you. 

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shadow
6 hours ago, to_dave007 said:

Didn't Gwen Garcia introduce a bill into the government to change the documentary requirements for foreigner marriage when she was still congresswoman?  What ever happened to that bill?

At the time there was a lot of words being said about protecting Filipina from foreign men who did not have the resources they claimed to have, and if I remember right the bill would have added proof of income and net assets to the documentary requirements.  Did this ever happen?

There was some talk about requiring police clearance from abroad and financial requirements, but I'm not sure if any of it ever got beyond talk. As loosely as the LCRs are run, as before, one would likely find it to be enforced in some LCRs but not others.

 

I'll try to research this later in order to up date our website. Here is an old article I wrote years ago on getting married in the Philippines, most of it still applies;

http://fil2usa.com/getting-married-in-the-philippines/

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