Should You Still Get Married? (Legal Benefits and Burdens of Marriage in the Philippines)

Over the past decade, marriage has steadily declined in the Philippines. Data from the Philippine Statistics Authority (PSA) show that registered marriages decreased by 13.5% from 2014 to 2024.

At the same time, Filipinos are marrying later in life. The reported median age at first marriage increased from 28 to 30 years for males and from 26 to 28 years for females between 2015 and 2024, reflecting a growing trend of entering marriage at a more mature age. 

This decline in formal marriages has coincided with the rise of common-law or live-in relationships. According to the Commission on Population and Development (CPD), citing the National Demographic and Health Survey, 20.5% of women aged 15 to 49 were cohabiting with their partners in 2025, up from 18.8% in 2022.

The shift is likewise reflected in birth statistics. Based on the 2023 Civil Registration and Vital Statistics, there were 842,728 births outside marriage, significantly exceeding the 605,794 births among couples in formal unions.

Taken together, these trends raise an important question: Should Filipinos still get married in the Philippines?

Marriage Under the Family Code of the Philippines

Marriage is more than a declaration of love rooted in religious and cultural traditions—it is also a legal relationship bound by rights, protections, and obligations for both spouses. 

In the Philippines, the Family Code (Executive Order No. 209) protects and preserves marriage as the permanent union between a man and a woman and an inviolable social institution. Article 1 provides: 

“Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.”

Marriage as a Special and Permanent Union

Marriage is a special contract of permanent union between a man and a woman, distinguishing it from ordinary civil contracts under the Civil Code (R.A. 386). It reflects the legislative intent that marriage is a lifelong commitment and is valid only when entered into in accordance with the essential and formal requisites prescribed by the Family Code.

For the Establishment of Conjugal and Family Life

Marriage is intended to establish conjugal and family life, recognizing that it creates not only a legal relationship between spouses but also the foundation for family formation. Upon marriage, spouses assume reciprocal rights and obligations. 

The Foundation of the Family and Inviolable Social Institution

The provision further declares that marriage is the foundation of the family and an inviolable social institution. Because of its public significance, marriage is not treated solely as a private arrangement but as an institution in which the state has a legitimate interest. 

Governed by Law and Not Subject to Stipulation

Because marriage is imbued with public interest, its nature, consequences, and incidents are governed by law rather than by the spouses’ private agreements. In other words, the Family Code prescribes the rights, duties, and obligations arising from marriage, and parties cannot modify or waive these essential legal effects through contractual stipulations.  

Marriage Settlements as an Exception

The only exception recognized is that prospective spouses may enter into marriage settlements (i.e., also prenuptial agreements) to determine their property relations, provided these agreements comply with the limitations and requirements imposed by the Family Code.  

Under the Family Code, Civil Code, and other related laws, marriage affects the spouses’ personal rights and obligations, property relations, parental and inheritance rights, tax and government records, surname use, support obligations, immigration status, authority over the family home, and legal rights against third parties, among others. 

Legal Benefits of Marriage in the Philippines

Marriage is more than a personal commitment—it also creates a wide range of legal benefits, rights, and protections for spouses and their family.

1. Legal Recognition of the Spousal Relationship

Marriage establishes a legally recognized spousal relationship that gives rise to rights and obligations enforceable under the Family Code. It also provides legal certainty in transactions with government agencies, financial institutions, employers, and other third parties where proof of marital status is relevant. 

2. Absolute Community of Property 

Without a valid marriage settlement or prenuptial agreement, marriage is governed by the Absolute Community of Property regime (Article 75, Family Code). Under this regime, the spouses become joint owners of all properties owned at the time of celebration of marriage or acquired thereafter. Outside a valid marriage, cohabitation is governed by property co-ownership under Articles 147 and 148 of the Family Code. 

3. Legitime and Intestate Succession

A surviving spouse is a compulsory heir under the Civil Code (Article 887(3)) and is entitled to inheritance from the deceased spouse, even in the absence of a last will and testament. Likewise, the spouse enjoys statutory protections during estate settlement, subject to the rights of other compulsory heirs, if any. 

4. Next-of-Kin Rights and Decision-Making

While marriage creates a reciprocal legal obligation for spouses to support each other, it also grants them legal authority to make certain decisions affecting their family life, property, and in appropriate circumstances, each other’s personal affairs. In other words, spouses may represent each other in situations recognized by law. 

5. Rights and Responsibilities Over Children

Marriage provides a clear legal framework for parent-child relationships. Under Article 164 of the Family Code, children conceived or born during a valid marriage are generally presumed legitimate and are entitled to the rights of legitimate children, including support and inheritance. Married parents jointly exercise parental authority (Article 210) and share the legal duty to care for, support, educate, and protect their children.

6. Government, Insurance, and Employment Benefits 

A lawful spouse may qualify for various employment and government benefits, including spousal health insurance coverage, leave benefits, survivorship pensions, Social Security System (SSS) and Government Service Insurance System (GSIS) benefits, PhilHealth benefits, and other statutory or employer-provided privileges, subject to applicable laws and program requirements.

7. Immigration and Nationality Benefits

Marriage may also provide eligibility for immigration privileges, such as a 13(a) Non-Quota Immigrant Visa for the foreign spouse of a Filipino citizen. While marriage itself does not automatically confer citizenship, it may serve as a basis for naturalization under applicable laws.

Legal Burdens of Marriage in the Philippines

While marriage offers a number of legal benefits, it also comes with significant legal burdens that couples should carefully consider in order to make informed decisions and prepare for long-term consequences. 

1. Extreme Restrictions on Marital Dissolution

Philippine law recognizes marriage as a permanent and inviolable social institution. There is no absolute divorce for the non-Muslim majority, and when a marriage breaks down, spouses may face lengthy and costly legal proceedings involving annulment, declaration of nullity, and foreign divorce recognition. Other proceedings involving child custody, support, and property division also require substantial financial resources. 

2. Limitations on Independent Transactions

Marriage may limit a spouse’s ability to act independently, particularly in legal and financial transactions. For instance, the written consent or signature of the other spouse is generally required for transactions involving community or conjugal property, such as the sale, mortgage, or encumbrance of real property, as well as other transactions where the law requires joint administration or consent. 

3. Property and Financial Liabilities

While marriage without a prenuptial agreement subjects assets to the community property regime, bad debts contracted by the spouses during the marriage for and in the exercise of the business, trade, industry, or profession are chargeable against the community property if they redounded to the benefit of the family under Article 94 of the Family Code, potentially exposing family assets to business creditors. 

4. Forced Legal Heir

Under Philippine succession law, a spouse is considered a compulsory heir. While the law also provides for disinheritance of a spouse under Article 921 of the Civil Code, a simple will cannot just exclude an estranged spouse because the law automatically reserves a legitime upon the other spouse’s death.   

5. Adultery Versus Concubinage Disparity

Under the Revised Penal Code (R.A. 3815), marital infidelity is treated differently based on gender, making it easier for a husband to prosecute an unfaithful wife for adultery than for a wife to prosecute a cheating husband for concubinage.

6. Reciprocal Duties and Marital Obligations

Marriage imposes continuing legal obligations on both spouses, including the duties to live together, observe mutual love, respect, and fidelity, render mutual help and support, and jointly fulfill the responsibilities of family life. These obligations are enforceable under the Family Code and cannot generally be waived by private agreement.

7. Other Bureaucratic and Legal Hurdles

While the use of the husband’s surname in official and legal documents is not legally mandatory, once changed and updated, the reversion is almost impossible given all legal and administrative processes, unless the husband dies or after a decree or annulment or nullity of marriage. 

Equally, if a spouse wants to take a minor child on a vacation or trip abroad without the other spouse, the Bureau of Immigration (BI) and Department of Social Welfare and Development (DSWD) generally require a notarized Affidavit of Support and Consent or travel clearance signed by both parents. 

As the familiar Filipino adage goes, “Marriage is not a mouthful of hot rice that you can simply spit out the moment it burns your tongue” (Ang pag-aasawa ay hindi parang mainit na kanin na pwede mong iluwa kapag napaso ka.).

So, should you still get married? Ultimately, the answer depends on your personal values, life goals, and relationship. Marriage remains an important legal institution that offers significant rights and protections, but it also creates lasting obligations and legal consequences. 

Prospective spouses, particularly women, should be aware of certain aspects of Philippine law that may place them at a legal disadvantage. The absence of absolute divorce for most marriages, together with some gender-based distinctions that remain in existing laws, can make it more difficult to exit an unhealthy marriage or enforce certain marital rights.

For this reason, couples should not overlook the value of discussing their finances and expectations before marriage. For instance, a well-crafted marriage settlement or prenuptial agreement can provide clarity on property rights, protect individual assets, and minimize future disputes, allowing both spouses to enter marriage with greater certainty and legal security.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is established. For advice tailored to your specific circumstances, consult a qualified professional.

Duran & Duran-Schulze Law (“DDS Law”) is a prominent family law firm in the Philippines. For legal consultations and inquiries regarding marriage, remarriage, prenuptial agreements, and marriage dissolutions (annulment, declaration of nullity, and foreign divorce recognition) in the Philippines, call us at (02) 8928-9535 (landline) or +639171940482 (mobile), or email info@duranschulze.com.