Under Philippine law, partners who wish to marry abroad must declare their intention at the Philippine diplomatic post (Consulate/Embassy) of the country where the marriage will take place. After this notification, a Philippine Consul will, after examination, issue a Legal Capacity Certificate.
When registering a Marriage, the following documents must be submitted to the Civil Registry Office at the town hall in Belgium:
1. Original birth certificate issued
Original Birth Certificate by Philippine Statistics Authority (PSA), issued with an apostille by the Department of Foreign Affairs (DFA).
2. Certificate Advisory on Marriages (CENOMAR)
Certificate Advisory on Marriages (CENOMAR) issued by the Philippine Statistics Authority (PSA), issued with an apostille by the Department of Foreign Affairs (DFA).
3 If your former partner(s) is/are deceased in the Philippines, then Original Death Certificate by Philippine Statistics Authority (PSA), issued with an apostille by the Department of Foreign Affairs (DFA).
If the previous partner(s) is/are deceased outside of the Philippines: a death certificate issued by the competent service with an apostille, for the countries that have signed the convention of The Hague dated October 5, 1961. For the countries that have not signed the aforementioned Convention, an authentication of the death certificate by the competent Ministry of Foreign Affairs WITH legalization by the Belgian embassy in the said country.
4. Barangay Clearance and Mayor Clearance
If the partner lives in the Philippines : a Barangay Clearance, confirmed by a Mayor Clearance, issued with an apostille by the Department of Foreign Affairs (DFA).
5. Special Power of Attorney
If the Filipino partner cannot be present at the application of marriage: A Special Power of Attorney that allows the Belgian partner to file the declaration in Belgium on behalf of the Filipino partner.
If the Filipino partner is located in the Philippines, this power of attorney must be legalized by a Public Notary in the Philippines and the legalization of the Public Notary must be accompanied by a Certificate of Authority of Notarial act, issued by an Executive Judge of the Regional Trial Court. Subsequently, an apostille issued by the Department of Foreign Affairs (DFA) must be attached for the aforementioned documents
If the Filipino partner is outside the Philippines, this power of attorney can be legalized by a Consul at any Consulate/Embassy of the Philippines in the country where you are residing.
6. Copy of passport with apostille
----oOo---
All these documents must be send to the fiancé who will need to take all of these documents to the Philippine Embassy/Consulate to apply for a Legal Capacity to Contract Marriage.
The Philippine Consul with jurisdiction over the country of the place where you want to marry will then issue following documents:
All these documents need to be translated by a sworn translator in the in the national language that applies to the part of the country where you want to get married (Dutch/French/German).
The partner in Belgium will have to submit all original documents with the sworn translations to the Civil Registry of the municipality of his place of residence and apply for marriage.
The Civil Registry can request advice from the Prosecutor or the Immigration Department.
In such a case, an investigation into marriage of convenience will be initiated.
It is possible that the Belgian partner will then be questioned by the police and the Prosecutor may also ask the Belgian Embassy in Manila to question the Philippine partner.
It may therefore also happen that with the marriage registration, it is immediately asked to start the application for a visa.
If a positive advice is given (meaning that people are convinced that it is not about a marriage of convenience), the Belgian partner will be informed about this.
The Filipino partner can then further apply for your Visa C with the intention to marry (via VFS Global) at the Belgian Embassy in Manila. Visit the website of the Belgian embassy in Manila to for the requirements.
Once the Filipino partner has received his/her Schengen Visa, he/she must contact the Commission for Overseas Filipinos.
The Belgian partner must provide you with the following documents (issued by the municipality where you are getting married):
- Birth certificate from Belgian partner.
- Certificate of family composition of the Belgian partner.
- Certificate of Good Conduct and Morals.
- If applicable a Certificate of divorce.
All these documents must have a Belgian Apostille issued by the Belgian Ministry of Foreign Affairs and must be translated into English by a sworn translator.
The Belgian partner will also have to appear in person before a Philippine Consul to complete an Affidavit of Support.
This notarized Affidavit of Support will have to be presented by the Philippine partner to the CFO and to the Bureau of Immigration upon departure to Belgium.
After the Seminar at CFO, the Philippine partner receives the CFO certificate and he/she can travel to Belgium.
---oOo---
Upon arrival in Belgium, a definite wedding date can be set.
After the marriage, the couple can proceed to the Local Immigration Office of the municipality of the place of residence to apply for family reunification.
The Filipino partner will then receive an Immatriculation card A for the first 6 months (2 x 3 months). Attention : with this card it is not allowed to travel outside Belgium.
If the family reunification is approved by the Federal Immigration Department, the Filipino partner will receive a residence permit. You may then travel abroad again. Always take this residence permit and a valid Philippine passport with you when abroad.
---oOo---
After the Belgian marriage, there is a possibility to apply for a recognition of the Belgian marriage, by Philippine law.
Please contact for the application for recognition the Philippine Consulate/Embassy in Belgium.
Additional remarks:
You can have your Belgian marriage recognized under Filipino law at a diplomatic post of the Philippines in the country where you are married.. Please contact the relevant diplomatic post for this.
---o0o---
Pursuant to Article 370 of the Civil Code of the Republic of the Philippines, a married woman may use:
It is best to inform the Belgian Civil Registry of any name change in advance. This causes a lot less problems for the Belgian authorities.
To obtain the aforementioned name change, you are required to have your Belgian marriage recognized at a Philippine diplomatic post AND you must apply for a new Philippine passport with your new name. You will have to present this new passport to the municipality to complete the name change process (entry in the Belgian National Register).
---o0o---
For more information regarding Philippine Law, you can always contact the Philippine Consulate/Embassy;
