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Conflict
of Laws in Marriage
Q:
We are a couple of different nationalities, he is from Finland,
I'm Filipino, he's Lutheran, and I'm Catholic.
Religion is not a problem, since we have already asked for
dispensation from the Chancery office to have a mixed marriage.
We have a little dilemma. We cannot afford to bring both our
families in one place, fares and accommodations are too expensive.
So we agreed on having small weddings in both our countries.
Our question is:
If we get married in Finland and Philippines, which rules
apply? We like to be married here because aside from my family
here, there is no divorce. On the other hand, we want to be
married also in Finland so his parents, who are already in
their 70's can also witness their son get married.
Thank you very much for your help in advance.
Best regards,
Cleo
A:
Art.
26 of the Family Code provides, "All marriages
solemnized outside the Philippines in accordance with
the laws in force in the country where they were solemnized,
and valid there as such, shall also be valid in this
country, except those prohibited under Arts. 35(1),
(4), (5) and (6), 36, 37 and 38. (void marriages, voidable
as to the psychological incapacity of a party, incestuous
marriages and those against public policy). In other
words, if the marriage is validly celebrated according
to the laws of Finland, it will also be valid and recognized
in the Philippines.
Check
the laws of Finland as to marriage. Be it noted, however,
that under Phil. laws, Cleo will not cease to be a Filipino
citizen by her marriage to the foreigner; hence, Phil.
laws on family rights and duties, status and capacity
will continue to apply to her pursuant to Art. 15 of
the Civil Code.
