行政書士法人第一綜合事務所

A professional administrative scrivener explains the procedures for international marriage with a Filipino!

A professional administrative scrivener explains the procedures for international marriage with a Filipino!

According to the “Vital Statistics” published by the Ministry of Health, Labor and Welfare of Japan, in Japan,
– Married couples whose husband is Japanese and whose wife is Filipino accounts for 24.5% of all international marriage (in case of wives being foreigners), ranking second by nationality; and
– Married couples whose wife is Japanese and whose husband is Filipino accounts for 3.2% of all international marriage (in case of husbands being foreigners), ranking 6th by nationality.
From these data, you can see that there are many cases of international marriage between a Japanese and a Filipino, regardless of gender.
In this article, an experienced administrative scrivener specializing in international affairs will explain the procedures for international marriage between a Japanese and a Filipino.
We hope you will find this article useful.

1. Technical terms related to international marriage procedures

In this article, we will explain the technical terms used in international marriage procedures.
These terms will appear later in this article, so we recommend you to read the following explanation before proceeding to read the rest of the article.

1) The formation of international marriage

In order for international marriage to become effective, in principle, the formation of marital relationships recognized under the homeland law of the wife and that of the husband (laws of Japan and the Philippines in this case) is necessary.
In the Method of Japan, the marital relationship is formed in Japan first while in the Method of the Philippines the marital relationship is formed in the Philippines first.

2) What is a Certificate of Legal Capacity to Contract Marriage?

In order for a foreigner to effectively marry in the Method of Japan, he/she must meet the marriage requirements stipulated by his/her homeland law (i.e. legal age for marriage, and being unmarried).
However, in reality, it is not easy for Japanese municipal offices to research foreign laws.

To solve such issue, a Certificate of Legal Capacity to Contract Marriage needs to be submitted, by which the authority knows that the marriage requirements stipulated by the homeland law of the relevant foreigner are satisfied.

In some countries, a Certificate of Being Unmarried is issued instead, but if the document clarifies the fulfillment of legal marriage requirements other than just being single, such document can be considered as a Certificate of Legal Capacity to Contract Marriage.

2. Points to note regarding procedures for international marriage with a Filipino person

Below items are some of the things that should be noted regarding international marriage between a Filipino and a Japanese.

1) A Certificate of Legal Capacity to Contract Marriage

Filipino people staying in Japan can obtain a Certificate of Legal Capacity to Contract Marriage at the government office of the Philippines in Japan.
The Filipino husband/wife-to-be must obtain a Certificate of Legal Capacity to Contract Marriage, as long as he/she is capable of obtaining one.
Since Filipinos living outside Japan cannot obtain a Certificate of Legal Capacity to Contract Marriage, they must obtain relevant documents instead of a Certificate of Legal Capacity to Contract Marriage to prove the fulfillment of requirements for marriage.

2) The legal age for marriage

The legal age for marriage for Filipinos is 18 years old for both male and female.
Filipinos who are between the ages of 18 and 20 must obtain a letter of consent from parents.
Filipinos who are between the ages of 21 and 25 must obtain a letter of advice from parents.

3) The period of prohibition of remarriage

There is no period of prohibition of remarriage under the laws of the Philippines (as there is no concept of remarriage in the laws of the Philippines); provided, however, that if the marriage is to be formed by the Method of Japan, the period of prohibition of remarriage of the Japanese Civil Code is applied, by which women are forbidden to remarry unless 100 days have passed since the day of dissolution or rescission of her previous marriage. As an exception, by submitting a medical certificate prepared by a doctor showing no-pregnancy, a Filipino female can marry even without waiting for 100 days.

3. Required documents for international marriage procedures (“Method of Japan”)

Now we will explain the international marriage procedures.
We will describe the necessary documents for marriage between a Japanese and a Filipinos in the “Method of Japan.”
We recommend that you inquire at the relevant municipal office in advance since required documents may slightly differ depending on each municipal office.

1) Documents required by municipal offices in Japan

[Documents to be prepared by the Japanese husband/wife-to-be]
– A marriage notification form (same as the one used for marriage between Japanese people)
– Identity verification materials (driver’s license, passport, etc.)
– A transcript of the family register (if submitting a notification of marriage to a place other than the registered domicile)

[Documents to be prepared by the Filipino husband/wife-to-be]
– A Certificate of Legal Capacity to Contract Marriage issued by the Philippine government office in Japan
– A birth certificate issued by PSA (with Japanese translation)
* PSA (Philippine Statistics Authority) is a national institution that records the status of Filipinos such as birth, marriage, adoption, and death.
– Passport

(If a Certificate of Legal Capacity to Contract Marriage cannot be obtained)
– A birth certificate issued by PSA (with Japanese translation)
– A certificate of being unmarried issued by PSA (with Japanese translation)
– Declaration that a Certificate of Legal Capacity to Contract Marriage cannot be obtained
– Passport
* For any Filipino person staying abroad, a copy of his/her passport can substitute for the passport.

2) Documents required to obtain a Certificate of Legal Capacity to Contract Marriage

[Documents to be prepared by the Filipino husband/wife-to-be]
– An application for a Certificate of Legal Capacity to Contract Marriage (application forms can be obtained at a Philippine government office)
– A birth certificate issued by PSA
– A certificate of being unmarried issued by PSA
– A letter of consent by parents (for those who are 18 to 20 years old)
– A letter of advice by parents (for those who are 21 to 25 years old)
– Residence card
– Passport

[Documents to be prepared by the Japanese husband/wife-to-be]
– A transcript of the family register
– A transcript of the family register that describes the fact of divorce (only if the Japanese person has a history of divorce)
– Passport

3) Reporting marriage to the Philippines for registration

There is a marriage registration system in the Philippines. After submitting the notification of marriage to the Japanese government office, you need to report your marriage to the relevant Philippine government office in Japan (i.e. Report of Marriage). You are obligated to report your marriage within 30 days from the date of marriage. If you don’t report in time, you will need to submit a statement regarding such delay.

[Documents to be prepared by the Filipino husband/wife-to-be]
– An application for Report of Marriage (Application forms can be obtained at the Philippine government office in Japan)
– Passport

[Documents to be prepared by the Japanese husband/wife-to-be]
– Certificate regarding matters stated in the notification of marriage (obtainable at the municipal office where the notification of marriage was submitted)
– Passport

After you report the marriage, the Philippine government office in Japan will forward relevant information to PSA, and then you will be able to obtain a marriage certificate at PSA. This usually takes 3-4 months.

4. Documents required for international marriage (“Method of the Philippines”)

In this section, we will explain how a Japanese and a Filipino can get married in the Method of the Philippines.
To marry in the Method of the Philippines, the Japanese husband/wife-to-be must travel to the Philippines. Since the Philippines is a Catholic country, the procedure is carried out according to Catholic rules.

1) Obtain a Certificate of Legal Capacity to Contract Marriage from the Embassy of Japan in the Philippines

First, a Certificate of Legal Capacity to Contract Marriage for Japanese husband/wife-to-be needs to be obtained at the Japanese embassy or consulate in the Philippines. It is usually issued on the next day when the embassy or consulate is open following the date of application for the certificate.

[Documents to be prepared by the Japanese husband/wife-to-be]
– Application form (obtainable at the local Japanese government office)
– A transcript of the family register (issued within 3 months)
– Passport

[Documents to be prepared by the Filipino husband/wife-to-be]
– A birth certificate issued by PSA
– A consent letter by parents (for those who are under 20 years old)

2) Obtain a wedding permit at the city hall governing the place of residence of the Filipino
husband/wife-to-be

As the next step, you need to get a wedding permit from the city hall in the Philippines.
After submitting the required documents, the information of the couple getting married will be posted. If no one raises any objection within 10 days, a wedding permit will be issued.

[Documents to be prepared by the Filipino husband/wife-to-be]
– Birth certificate issued by PSA
– Certificate of being unmarried issued by PSA
– Barangay clearance (i.e. a resident card used in the Philippines)

[Documents to be prepared by the Japanese husband/wife-to-be]
– A Certificate of Legal Capacity to Contract Marriage
– Passport

3) Hold a wedding ceremony

You need to swear in front of a qualified wedding executor and sign documents. At that time, 2 or more adult witnesses are required. Family members and friends of the Filipino husband/wife-to-be often act as witnesses.

After the wedding, the marriage record is registered at PSA and then you will be able to obtain a marriage certificate.

4) Report marriage to Japan

After your marriage is registered according to the laws of the Philippines, you need to submit a notification of marriage to the Embassy of Japan in the Philippines or a relevant municipal office in Japan (the effect of such notification is as a report only).

[Documents to be prepared by the Japanese husband/wife-to-be]
– A Certificate of Marriage issued by PSA and Japanese translation thereof
– Identity verification materials (driver’s license, passport, etc.)
– A transcript of the family register (if submitting a notification of marriage to a place other than the registered domicile)

[Documents to be prepared by the Filipino husband/wife-to-be]
– Birth certificate issued by PSA and Japanese translation thereof

5. Summary of the procedures for international marriage between a Japanese and a Filipino

In this article, we have introduced the procedures of international marriage between a Japanese and a Filipino.

What we have explained in this article is based on the assumption that the Filipino husband/wife-to-be is getting married for the first time. The Philippines is a strict Catholic country, and in fact there is no system for divorce in the Philippines. Having said that, it does not mean that Filipino people cannot marry more than once, and there are ways for remarriage.
For example, a Filipino can divorce his/her Japanese spouse in Japan, and subsequently remarry another Japanese person. In such case, procedures and required documents are completely different from the ones listed above. For marriage between a Japanese and a Filipino who has a history of divorce, please contact us for consultation.

We hope that this article will serve as a reference for international marriage between a Japanese and a Filipino.

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