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Crag

Certificate to contract marriage

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Crag

Good day

I am a South African living in Cebu for the  past 7 months. I am engaged to be married to a philipina. I'm currently in the process  of getting all the required documentation to a apply for  a marriage license. I have the original cert of non marriage (states that I'm single) which I applied for in my country (South Africa),  I have my birth certificate. 

I was informed by an employee in marriage dept at Minglanilla City hall that I should apply for "the certificate to contract marriage" from the South African Embassy in Makati,  Manila. What he couldn't clarify for me was if I had to personally go to the Embassy in Manila or if I can apply without have to go to Manila and have the Embassy courier (or send)  the documents to me here in Cebu. 

Could anybody shed some light or experience on that particular point,  if the certificate to contract marriage can be applied for from Cebu and have it courier or do I actually have to make a personal appearance at my Embassy to apply and collect the certificate. 

Thanks a mil in advance for your advice. 

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shadow
1 hour ago, Crag said:

Good day

I am a South African living in Cebu for the  past 7 months. I am engaged to be married to a philipina. I'm currently in the process  of getting all the required documentation to a apply for  a marriage license. I have the original cert of non marriage (states that I'm single) which I applied for in my country (South Africa),  I have my birth certificate. 

I was informed by an employee in marriage dept at Minglanilla City hall that I should apply for "the certificate to contract marriage" from the South African Embassy in Makati,  Manila. What he couldn't clarify for me was if I had to personally go to the Embassy in Manila or if I can apply without have to go to Manila and have the Embassy courier (or send)  the documents to me here in Cebu. 

Could anybody shed some light or experience on that particular point,  if the certificate to contract marriage can be applied for from Cebu and have it courier or do I actually have to make a personal appearance at my Embassy to apply and collect the certificate. 

Thanks a mil in advance for your advice. 

I think only your Embassy can answer that question. 

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Crag

Thanks for the reply,  I actually had a bit of a struggle calling the Embassy on Friday (yesterday) and now its weekend. Have to wait until Monday to make a call attempt again. But I'm really curious to hear from some if they could get it without having to go all the way to Manila to their respective Embassy 

Yes I understand it might be particular to my countries embassy,  my apologies I was thinking of amending my post by asking for a general idea from people getting the certificate to legally contract marriage from their embassy. 

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shadow
9 minutes ago, Crag said:

Thanks for the reply,  I actually had a bit of a struggle calling the Embassy on Friday (yesterday) and now its weekend. Have to wait until Monday to make a call attempt again. But I'm really curious to hear from some if they could get it without having to go all the way to Manila to their respective Embassy 

Yes I understand it might be particular to my countries embassy,  my apologies I was thinking of amending my post by asking for a general idea from people getting the certificate to legally contract marriage from their embassy. 

I cannot help you with info about the South Africa Embassy. The US Embassy this would be impossible.

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Crag

Thanks Shadow. So you had to personally go to Manila to the US Embassy?  

Edited by Crag

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shadow
1 minute ago, Crag said:

Thanks Shadow. So you had to personally go to Manila to the US Embassy?  

The US does not issue a certificate of no marriage, as the US has no national database for vital statistics. Instead, they issue "an affidavit in lieu of legal capacity to contract marriage", notarized by the Embassy. So yes, an American wanting to marry must go to the Embassy or the Cebu Consulate to get this affidavit. The affidavit is just your sworn testimony that you are free to marry, they have no way of checking.

 

In the case of your Embassy, assuming it does issue legal capacity documents, what you are trying to do may be possible.

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Crag

Thanks for the valuable info,  appreciate. 

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to_dave007

This is my opinion..  Some countries maintain national marriage database, so that they can issue a Married or Not Married document. Philippines is one of those countries, so for all Filipino getting married they must get a CENOMAR to say "free to marry".  But MOST (not all) foreigners that they deal with come from countries WITHOUT these central databases..  and hence without a free to marry document.  So for MOST foreigners they have to get this embassy certificate that OP mentions.  However, in THIS case why would that be required if OP has actual "free to marry" certificate?

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Crag

As a matter of interest, I have a certificate of non marriage which was issued at Dept of Home Affairs in my country of which I'm stating in verbatim- "that the applicant is single and free to marry in any country he/she so choose". This certificate obviously has its official authorization on it. 

So me having to get an acknowledgement of legal capacity to marry is about the same cert I just mentioned above I already have and the legality of the statement that I can marry in any country or (international validation). But its clear that the authorization actually then comes from the Philippines marriage law to apply for such a document here in the Philippines,  maybe just purely based on international relations. 

Edited by Crag

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Crag

Thanks for insightful input from everybody. 

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Headshot
2 hours ago, Crag said:

As a matter of interest, I have a certificate of non marriage which was issued at Dept of Home Affairs in my country of which I'm stating in verbatim- "that the applicant is single and free to marry in any country he/she so choose". This certificate obviously has its official authorization on it. 

So me having to get an acknowledgement of legal capacity to marry is about the same cert I just mentioned above I already have and the legality of the statement that I can marry in any country or (international validation). But its clear that the authorization actually then comes from the Philippines marriage law to apply for such a document here in the Philippines,  maybe just purely based on international relations. 

If you have already shown them this certificate, and they are still wanting more, then it would appear like somebody is either just throwing roadblocks in front of you (a favorite past-time of government employees here), or they are hoping you will throw some money in their direction to make the "problem"go away (another favorite past-time of government employees here). Of course there is a third option. The US has the affidavit because they can't produce the certificate you have from your country, but since government workers are most used to seeing an affidavit from the US Consulate, they may not recognize an actual certificate like you have.

Edited by Headshot
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jtmwatchbiz
8 minutes ago, Headshot said:

If you have already shown them this certificate, and they are still wanting more, then it would appear like somebody is either just throwing roadblocks in front of you (a favorite past-time of government employees here), or they are hoping you will throw some money in their direction to make the "problem"go away (another favorite past-time of government employees here).

 

9 minutes ago, Headshot said:

government workers are most used to seeing an affidavit from the US Consulate,

OP there is no validation for these comments so don't let this sort of misinformation throw you over the weekend.   simply wait for your consulate to open on monday and see what they say. 

you can also look into applying for a marriage cert. here in cebu city if possible?    i don't know but it just might be that here they may be more familiar with what will suffice for documents from you.  it could be worth a try and we can put you in touch with friends at city hall if needed. 

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Crag

Ya,  I'll call the Embassy on Monday as a formality and hear what they say,  its all part of the adventure. Hopefully the adventure does not lead me to Manila, at least now, hehe. 

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Soupeod
6 hours ago, Crag said:

As a matter of interest, I have a certificate of non marriage which was issued at Dept of Home Affairs in my country of which I'm stating in verbatim- "that the applicant is single and free to marry in any country he/she so choose". This certificate obviously has its official authorization on it. 

So me having to get an acknowledgement of legal capacity to marry is about the same cert I just mentioned above I already have and the legality of the statement that I can marry in any country or (international validation). But its clear that the authorization actually then comes from the Philippines marriage law to apply for such a document here in the Philippines,  maybe just purely based on international relations. 

I don't remember exactly but my wife had to have a cenomar within a certain time frame. Crag check the date of your document..  But I do not know either.  Best to check with your Embassy.

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Crag

Yes the CENOMAR is the next thing I must get. Thanks

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