Legal Capacity to Contract Marriage (LCCM) in the Philippines
Sunday, September 27, 2026
Quick answer
Under Article 21 of the Family Code, a foreign citizen must submit a certificate of legal capacity to contract marriage, issued by their own embassy or consulate, before a marriage license can be obtained. Stateless persons and refugees submit an affidavit instead. Name, fee and validity differ by embassy.
If either of you is a foreign citizen, the Family Code adds a document nobody expects: proof from outside the Philippines that the foreign national is free to marry. It is usually called the LCCM, and it comes from the foreign national's own embassy or consulate.
What you'll learn: the Article 21 wording, how four countries' routes work when a foreigner marries here, how the LCCM works in reverse for a Filipino marrying abroad, what changes if either of you was married before, and how the three clocks line up against the 120-day license.
What the Family Code says
Article 21 of the Family Code (Executive Order No. 209) is short enough to quote in full:
"When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials. Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage."
Two things follow. The certificate comes from "their respective diplomatic or consular officials", meaning the foreign national's own embassy or consulate, never a Philippine office. And a stateless person or refugee submits a sworn affidavit instead.
It matters only for a marriage license. Article 34 lets a couple who has lived together for five years with no legal impediment marry without a license. In our reading that also removes the certificate, but ask the registrar first; the exemption is in our civil wedding requirements guide.
When a foreigner marries in the Philippines
The embassies we checked each run their own process, and we found no single Philippine form. The official Quezon City guide lists, for foreigners, a passport copy, the Alien Certificate of Registration if any, the certificate of legal capacity from the embassy, an apostilled Certificate of No Legal Impediment, and a divorce decree or death certificate where they apply. Tangub City's citizen's charter lists a foreigner's fee of PHP 2,500 against PHP 400 for a resident. Cities differ, so ask yours.
| Nationality | Document | Where it comes from | Validity and notes |
|---|---|---|---|
| United States | Affidavit of legal capacity | Notarized by the U.S. Embassy as an ordinary affidavit | The U.S. keeps no marriage records; confirm the registrar accepts it |
| Denmark | Legal Capacity to Contract Marriage certificate | Royal Danish Embassy, after a legalized Certificate of Marital Status | Valid 4 months from that certificate's issue date; PHP 2,300 (Jan. 2026); same-day issuance |
| United Kingdom, UK resident | Apostilled Certificate of No Impediment (CNI) | UK Local Civil Registrar | Sent straight to the Philippine LCR, with no embassy step |
| United Kingdom, resident in PH or elsewhere | Affidavit of Freedom to Marry | British Embassy Manila | Subscribed before the Embassy, then filed with the Philippine LCR |
| Australia | Certificate of No Impediment (CNI) | Australian Embassy, by appointment | Generally valid 6 months; usually same-day if the application is complete |
The UK rows come from PSA Memorandum Circular No. 2023-23 of December 13, 2023 (copy on GOV.UK). It says the British Embassy told the PSA that "the United Kingdom does not have a central register of marriages", so it cannot confirm a British national is single. It also recalls that under Memorandum Circular No. 2023-16, LCRs were told to accept locally notarized affidavits "until 31 October 2023", after which foreign citizens "shall be required to comply with Article 21".
On the U.S. row, the Embassy's page says: "The United States government does not maintain marriage records and cannot issue certificates of U.S. citizens' legal capacity to marry. However, we can notarize a citizen's statement of their own legal capacity as an ordinary affidavit." A 2021 Embassy notice said PSA Memorandum Circular No. 2021-004 allowed local notarization of that affidavit. In our reading, the 2023 circular above shows that a general allowance for locally notarized affidavits lapsed on October 31, 2023. Ask the specific LCR what it accepts.
The Australian page calls the CNI "the equivalent of the Philippines' Legal Capacity to Contract Marriage" and warns that "documentary requirements may vary across the Philippines". It says the Philippine LCR "usually accepts CNI issued by the Australian Embassy in the Philippines only", and that the CNI is valid only for marriages in the Philippines. If your nationality is not listed, ask your own embassy what it calls the document.
When a Filipino marries abroad
The same idea runs in reverse. Tokyo and Berlin ask for an LCCM when a Filipino marries a foreign national in Japan or Germany, and it is issued by a Philippine embassy or consulate. Other countries and posts may differ. The two posts publish detailed rules:
| Philippine Embassy, Tokyo | Philippine Embassy, Berlin | |
|---|---|---|
| Who it is for | "ONLY to Filipinos presently residing in Japan who wish to get married to a foreign national" | A Filipino who wishes to marry a foreigner in Germany |
| Birth certificate | DFA-apostilled PSA copy, original and one copy | PSA security paper, authenticated by the DFA |
| CENOMAR (single applicants) | DFA-apostilled PSA copy, valid only 6 months | DFA-authenticated PSA copy, not more than 6 months old |
| Parental papers | Consent at 18 to 20, advice at 21 to 25 | Consent at 18 to 20, sworn statement of advice at 21 to 25 |
| Appearance | Both parties in person, or apply by mail with forms notarized before a Japanese Notary Public | "Personal appearance of the applicant is required" |
| Fee | 3,750 yen LCCM + 3,750 yen Affidavit of Civil Status; 3,750 yen each extra for Japanese-document translation and the parental affidavit (ages 18 to 25) | Not stated on the page |
| Processing | 10 working days regular, 5 express (1,500 yen per document) | Issued after 10 working days, during which the marriage announcement is posted at the Embassy |
The foreign fiancé(e) has a separate list. At Tokyo a Japanese national submits a Koseki Tohon valid 3 months, and any other foreign national submits a legal capacity certificate "or its equivalent from his or her Embassy... must be in English". These pages cover one post each; another embassy or consulate may price or name the document differently. Once the wedding has happened abroad, a Report of Marriage puts it on record in the Philippines.
If either of you was married before
| Situation | What the sources ask for |
|---|---|
| Any previous marriage, at the Philippine license stage | Article 13: the death certificate, or "the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity" |
| Filipino divorced abroad | See Article 26 below: a Philippine court must recognize the foreign divorce first |
| Filipino, annulled in the Philippines (Tokyo) | Apostilled Advisory on Marriages (6-month validity), annotated marriage certificate, and decree of annulment with Certificate of Finality |
| Filipino, widowed (Tokyo) | Apostilled Advisory on Marriages, marriage certificate, and the late spouse's death certificate |
| Foreigner, divorced or widowed (Danish Embassy) | The Philippine authorities may ask for an English translation of the divorce decree or death certificate, legalized by the Danish MFA |
| Foreigner, divorced or widowed (Australian Embassy) | Original divorce order or certified copy; original death certificate; no CNI while an annulment is pending. Foreign-language papers: English translation and apostille |
Divorce abroad and Article 26
Article 26, second paragraph, says: "Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law." The Berlin LCCM page says the foreign divorce must first be judicially confirmed by a Regional Trial Court, registered with the PSA-Local Civil Registry and annotated on the marriage record before you apply. The Los Angeles and New York report-of-marriage pages say the same: a Philippine court must recognize the divorce.
Los Angeles words it as a divorce "initiated by the foreign spouse". In Republic v. Manalo (G.R. No. 221029, April 24, 2018) the Supreme Court said the provision "does not distinguish whether the Filipino spouse is the petitioner or the respondent in the foreign divorce proceeding", so either spouse may have filed. The same decision cites Republic v. Orbecido III for spouses who were both Filipino at the wedding but one of whom later acquired foreign citizenship and obtained the divorce. Confirm with the post which papers it wants. Our divorced-parents article explains the wider law on divorce in the Philippines.
How the three clocks line up
A certificate is a prerequisite for the license, not a step to catch up on afterward. Article 20 gives the license its own clock: valid "in any part of the Philippines for a period of one hundred twenty days from the date of issue".
| Clock | Starts | Length |
|---|---|---|
| The certificate | Denmark: the Certificate of Marital Status issue date. Australia: counted back from the marriage date. Tokyo: no LCCM validity stated | 4 months (Denmark), generally 6 months (Australia) |
| The CENOMAR feeding a Filipino's LCCM | Its PSA issue date | 6 months (Tokyo and Berlin) |
| The marriage license | The date the license is issued, after the ten-day posting | 120 days |
Our advice: order the certificate early enough that its validity still covers your license application and wedding date, not just the day you submit it. See our CENOMAR guide for the PSA side.
Ask before you file
We found no single official page covering every nationality. Confirm four things with the office that receives your paperwork: what it calls the document, how long it stays valid, whether it needs an apostille or English translation, and how that validity fits the 120-day clock. Copy this to your embassy or civil registrar:
Good day. I am a [nationality] citizen and my fiancé(e) is a Filipino citizen. We plan to marry in [city], Philippines, on [date].
What is your document for legal capacity to marry called, what does it cost, and how long is it valid?
Does the [city] civil registrar also need an apostille or an English translation, and how do I book an appointment?
If your wedding will also invite relatives from overseas, our guide for guests abroad covers the timing. This article quotes Family Code Articles 13, 20, 21 and 26, a PSA circular and embassy pages, and posts differ sharply. It is not legal advice: confirm the current requirement, fee and validity with the embassy, consulate or Local Civil Registry that will process your paperwork.
Frequently asked questions
What is a certificate of legal capacity to contract marriage?
It is a document from a foreign national's own embassy or consulate that shows the person is free to marry. Article 21 of the Family Code requires it from a foreign citizen before a marriage license can be obtained in the Philippines. Stateless persons and refugees submit an affidavit instead.
Who issues the LCCM for a foreigner marrying in the Philippines?
Their own country's embassy or consulate, never a Philippine office. Some countries use another name: the Australian Embassy calls it a Certificate of No Impediment, and the U.S. Embassy notarizes the citizen's own affidavit because the U.S. keeps no marriage records.
How long is a legal capacity to contract marriage certificate valid?
It depends on the issuer. The Royal Danish Embassy says its certificate is valid for 4 months from the date its underlying Certificate of Marital Status was issued. The Australian Embassy says the Philippine Government normally does not accept a CNI issued more than 6 months before the marriage.
How much does an LCCM cost?
Fees are set by the issuing post. The Royal Danish Embassy in Manila lists PHP 2,300 as of January 2026, and the Philippine Embassy in Tokyo lists 3,750 yen for a Filipino's LCCM. Check your own embassy's current fee schedule before you go.
Can a Filipino get an LCCM to marry a foreigner abroad?
Yes, from a Philippine embassy or consulate. The Philippine Embassy in Tokyo issues it only to Filipinos residing in Japan who wish to marry a foreign national, and asks for apostilled PSA birth certificate and CENOMAR copies. Both parties must appear if you apply in person.
What if the foreigner's country cannot issue the certificate?
The Family Code covers only stateless persons and refugees, who submit an affidavit. A PSA circular from December 2023 sets a separate route for British nationals, who cannot get an embassy certificate because the UK has no central marriage register. Ask your embassy and the civil registrar what applies.
Does the LCCM have to be apostilled or translated?
Sometimes. The PSA circular requires the UK Certificate of No Impediment to be apostilled, and the Danish and Australian embassies say divorce or death documents may need English translation and legalization or apostille. Confirm with the office receiving your papers.