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Certificate of Legal Capacity to Contract Marriage

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RL1234 View Drop Down
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    Posted: 22 Apr 2011 at 9:44pm
I am a canadian citizen engaged to a wonderful Philippine woman. We have been living together in vietnam for the past year and wish to get married in philippines in 3 months. I have not been married before but lived common law in a previous relationship for 20 yrs and have two children back in canada. How does the Canada embassy verify my "legal capacity" to get married?
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sugahmonstah View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sugahmonstah Quote  Post ReplyReply Direct Link To This Post Posted: 22 Apr 2011 at 11:54pm
I googled your question and came up with this:


Legal capacity to marry can be obtained in Canada but unfortunately it will not be accepted in the Philippines,reasons unknown.

REQUIREMENTS WHEN APPLYING AT CANADIAN CONSULATE IN PHILIPPINES:

DOCUMENTS REQUIRED IF APPLICANT HAS NOT BEEN MARRIED BEFORE:
1. Passport or Citizenship Certificate

DOCUMENTS IF APPLICANT IS DIVORCED:
1. Passport or Citizenship Certificate
2. Original or Certified True Copy of Divorce Decree

DOCUMENTS REQUIRED IF APPLICANT IS WIDOWED:
1. Passport or Citizenship Certificate
2. Original or True Copy of Death Certificate

Processing Fee: CAN $50/Pesos 2,115.00 (subject to rate change)

NO PHOTOCOPIES WILL BE ACCEPTED

CANADIAN EMBASSY
Consular Section
8th Level,Tower 2 RCBC Plaza
6819 Ayala Ave
Makati City
Tel:857 9000
BUSINESS HOURS:
Monday to Thursday: 9:00-11:30 AM
1:00- 3:00 PM
Friday: 9:00-1:00pm



Based on that, a ex "common-law" shouldn't be a problem as the documents in the list required are a DIVORCE certificate or a DEATH certificate to verify the end of a previous marriage. You'll just have to go to the Canadian Embassy and do the paperwork apparently.

DONT TAKE MY WORD FOR IT!! Im just bored and googling things while waiting :) I hope my info is correct!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote job_seeker Quote  Post ReplyReply Direct Link To This Post Posted: 23 Apr 2011 at 1:01am
You did great

Originally posted by sugahmonstah sugahmonstah wrote:

I googled your question and came up with this:


Legal capacity to marry can be obtained in Canada but unfortunately it will not be accepted in the Philippines,reasons unknown.

REQUIREMENTS WHEN APPLYING AT CANADIAN CONSULATE IN PHILIPPINES:

DOCUMENTS REQUIRED IF APPLICANT HAS NOT BEEN MARRIED BEFORE:
1. Passport or Citizenship Certificate

DOCUMENTS IF APPLICANT IS DIVORCED:
1. Passport or Citizenship Certificate
2. Original or Certified True Copy of Divorce Decree

DOCUMENTS REQUIRED IF APPLICANT IS WIDOWED:
1. Passport or Citizenship Certificate
2. Original or True Copy of Death Certificate

Processing Fee: CAN $50/Pesos 2,115.00 (subject to rate change)

NO PHOTOCOPIES WILL BE ACCEPTED

CANADIAN EMBASSY
Consular Section
8th Level,Tower 2 RCBC Plaza
6819 Ayala Ave
Makati City
Tel:857 9000
BUSINESS HOURS:
Monday to Thursday: 9:00-11:30 AM
1:00- 3:00 PM
Friday: 9:00-1:00pm



Based on that, a ex "common-law" shouldn't be a problem as the documents in the list required are a DIVORCE certificate or a DEATH certificate to verify the end of a previous marriage. You'll just have to go to the Canadian Embassy and do the paperwork apparently.

DONT TAKE MY WORD FOR IT!! Im just bored and googling things while waiting :) I hope my info is correct!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RL1234 Quote  Post ReplyReply Direct Link To This Post Posted: 23 Apr 2011 at 10:39am
Thanks... still worried because of the "unpredicatable" policies in Philppines. I have been there many times and each time some on always tries to take advantage of the "foreigner" :(
Still love the place though... NOT everyone is bad:)
 
Any additional comments are still welcome!!
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hans View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote hans Quote  Post ReplyReply Direct Link To This Post Posted: 24 Apr 2011 at 1:05am
hi i am married to a philipina to get your legal capacity you have no choice to come back to canada you have to get a marrage seach done and the you have to get a what the call red ribbon seal i dont know where you live in canada but in alberta you have to get the seach done at motor vehicles then you have to sent it to Edmonton it takes about 3 weeks before you get it back i think it cost about 20 or 30 dollars then you have to sent it to manila embassy for approval good luck
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hendrix Quote  Post ReplyReply Direct Link To This Post Posted: 24 Apr 2011 at 9:26am
Originally posted by RL1234 RL1234 wrote:

I am a canadian citizen engaged to a wonderful Philippine woman. We have been living together in vietnam for the past year and wish to get married in philippines in 3 months. I have not been married before but lived common law in a previous relationship for 20 yrs and have two children back in canada. How does the Canada embassy verify my "legal capacity" to get married?


Just go to the Canadian Embassy in Manila, show them your passport and sign a paper declaring you have never been married before. It really is that simple other than having to travel to the Philippines and find the embassy.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rbenoit Quote  Post ReplyReply Direct Link To This Post Posted: 26 Apr 2011 at 10:48am
Originally posted by Hendrix Hendrix wrote:

Originally posted by RL1234 RL1234 wrote:

I am a canadian citizen engaged to a wonderful Philippine woman. We have been living together in vietnam for the past year and wish to get married in philippines in 3 months. I have not been married before but lived common law in a previous relationship for 20 yrs and have two children back in canada. How does the Canada embassy verify my "legal capacity" to get married?


Just go to the Canadian Embassy in Manila, show them your passport and sign a paper declaring you have never been married before. It really is that simple other than having to travel to the Philippines and find the embassy.
 
I got married in the Philippines so unless the laws have changed I agree that it is a simple process.
 
Go to the Canadian Embassy in Manila (Makati). It is in the RCBC Plaza on Ayala Avenue.
Request the Legal Capacity to Marriage form.
Fill out the form.
You may need to present 2 pieces of ID. Passport and something else.
Pay the fees.
 
After you have the Legal Capacity to Marriage form. Yougo to the city hall of the town you are going to get married in. Apply for the marriage license. Allow for 10 or 15 days waiting period. Not sure about this one. You may also be required to take a marriage councelling seminar.
 
Once the waiting period is over, I believe you have 90 days or 120 days to get get married or you need to apply for a new mariage license.
 
Cheers!!!
 
Where abouts in the Philippines are you getting married? I own a 2 bedroom condo in Davao city that my wife and I rent out as a vacation property while we are in Canada.
Best to inquire a few months in advance.
 
 
 
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RL1234 Quote  Post ReplyReply Direct Link To This Post Posted: 26 Apr 2011 at 9:06pm
Hi Hans,
 
I havent lived in Canada for over 3 yrs. Actually I recently moved to the US and claim no residency in Canada. However I am still a Canadian citizen. I dont understand why they would make you go back to Canada to get a search done if they dont mention it on the Canadian Embassy website.
 
Can I ask the details of why they made you go back??
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Post Options Post Options   Thanks (0) Thanks(0)   Quote hans Quote  Post ReplyReply Direct Link To This Post Posted: 26 Apr 2011 at 10:41pm
hello RL
i just got married in the phillipines i had to get a search done here in canada in the province of last address to prove i was not married had to get copy of divorce and had to sent it in to get a red ribon put on the papers  from the department of jugdement its a special seal my wife had to do the same thing with her singleniss document and certificate of birth you get them true the NSO  then sent them to the   department of foreigh affairs in the phillipines for red ribon
then we had to sent mine and her's paper the to the Canadian Embassy wich will then give you your Certificate of legal capacity the reason we had to go true all this garbage they told us because to many foreighners been getting married even they are still married in there own country's and even have 2 or 3 wifes there anyway;s thats what we had to do to get married in the phillipines  you could do a searsh online i think  and hav it sent to you where did you last live in Canada i can try to find for you you dont want to go there and find out you need more papers cuz thy are getting hard to deal with and always wants money but if you do it right no problems we learned th hard way (always something lol )
Hans
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RL1234 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RL1234 Quote  Post ReplyReply Direct Link To This Post Posted: 27 Apr 2011 at 9:43am

Here is the official response from the candian embassy in manila.

Good day,

 

Thank you for your enquiry.  The Embassy can only issue an Affidavit in Lieu of Certificate of Legal Capacity to Contract Marriage.

 

The applicant must present his/her original Canadian passport or citizenship certificate in-person.  If the applicant has been married previously, then documentary proof that the marriage is no longer valid, such as a divorce decree or death certificate of the late spouse, must also be presented.

 

A fee of CAD $ 50 or PHP 2,150 for witnessing the affidavit is payable.  Fees may be paid in cash or in the form of a Manager's Check payable to "Embassy of Canada, Manila" (if in Philippine pesos) or "Receiver General of Canada" (if in Canadian dollars). 

 

The affidavit is issued on the same day.

 

The applicant must submit the application in-person at:

 

Consular Section
Embassy of Canada

Level 8, Tower 2, RCBC Plaza
6819 Ayala Avenue
Makati City 0707

 

Public hours:
Monday to Thursday: 9:00 to 1:30 pm

Friday: 9:00 am to 12:00 nn

Prior appointments are not required.

 

or

 

Consulate of Canada in Cebu
45-L Andres Abellana Street
Cebu City 6000
Tel: 63.32.255.3069
By appointment only

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