Understanding Marital Status: Legal Definitions and Proof

Marital Status: A Comprehensive Legal Definition

Definition

Marital status refers to the legal standing of an individual in relation to marriage and family. It defines the rights and obligations a person has within these contexts.

Different Civil Statuses

• Single
• Married
• Divorced
• Widowed
• Concubine
• Natural Son
• Legitimate Son
• Recognized or Unrecognized Son

How to Modify Marital Status

Marital status can be modified through the following:

• Voluntary Acts: These are actions taken by individuals that produce intended legal effects. Examples include marriage, voluntary recognition of natural children, and repudiation of recognition.
• Legal Facts: These are events independent of an individual's will that have legal consequences. Examples include birth and death.
• Judicial Decisions: These are pronouncements made by judges on matters submitted to them, either by legal mandate or at the request of a person. Examples include divorce, annulment of marriage, adoptive legitimation, and revocation of adoption.

Features of Marital Status

• Inherent to the Human Person: Marital status is intrinsically linked to the individual and is acquired from birth (e.g., child status).
• Imperative: Acquiring a particular status entails assuming all the rights and obligations associated with it. Marital status cannot be altered by choice unless there is a legal act or judicial decision.
• Public: Marital status is a matter of public interest because it affects the whole of society. All legal mandates regarding marital status cannot be changed by individuals.
• Opposable: An individual's marital status is valid against all persons, and no one can have two opposing civil statuses simultaneously (e.g., single and married).
• Stable: Marital status can only be modified through a legal act.
• Unique: An individual cannot have two contradictory civil statuses at the same time.

Means of Proving Marital Status

These are used to verify an individual's marital status. They are divided into:

Normal Means (Records or Documents)

1. Birth: Birth Certificate. Law No. 15317 mandates that civil registration must be done before a registrar within 10 days (two weeks) after delivery. For rural areas, the period is 20 working days.
2. Marriage: Marriage Certificate. Article No. 98 of the Civil Code states that the certificate must include the name, age, birthplace, and occupation of the spouses; the name, profession, and address of the parents; and the consent of parents/guardians if a spouse is a minor.
3. Divorce: Divorce Decree. The revised Civil Code requires the judge's ruling to state the cause of the divorce and the date.
4. Death: Death Certificate. Law No. 1430 requires this document to include the day and place of death, name, sex, age, marital status, profession, nationality, address of the deceased, and the cause of illness or death.

Supplementary Means

1. Authentic Testimony: Contracts witnessed by a notary or lawyer are considered authentic testimony.
2. Witnesses: If authentic testimony is unavailable, eyewitnesses can be called upon to testify. For example, in marriage, each spouse can serve as a witness; in birth, the doctor, midwives, or nurses can testify; in death, a forensic doctor can provide testimony.
3. Notorious Possession of Status: This refers to the situation where an individual's marital status is evident to everyone. It is demonstrated to society through:
   • Treatment: The individuals are treated as such (e.g., as husband and wife).
   • Reputation: The individual is presented to family or friends as such (e.g., as a son or husband).
   • Time: A period of 10 years is required during which individuals must be known in a particular status to be able to testify.