Affidavit of Cohabitation as Substitute for Marriage License

Below is a comprehensive discussion of the Affidavit of Cohabitation as a substitute for a marriage license in the Philippines, based largely on Article 34 of the Family Code of the Philippines. Please note that laws and regulations may change over time, and the application of legal principles may vary based on your situation. This information is provided for general educational purposes and does not constitute legal advice. For specific questions, consult a licensed Philippine attorney.

1. Legal Basis: Article 34 of the Family Code

Article 34 of the Family Code provides that a marriage license is not required for a man and a woman who have lived together as husband and wife for at least five (5) years without any legal impediment to marry each other. To avail of this exemption, both parties must execute an Affidavit of Cohabitation, attesting to the following essential points:

  1. They have been living together as husband and wife for at least five years.
  2. There is no legal impediment for them to marry each other at any point during those five years.
  3. The affidavit is sworn before a person authorized by law to administer oaths (e.g., a notary public).

This provision aims to simplify the legal process for couples who have maintained a stable, continuous, de facto marital relationship for an extended period without any disqualifications to marry.

2. Who Can Avail of an Affidavit of Cohabitation?

Requirements:

  1. Continuous Cohabitation for At Least Five Years

    • The couple must have lived together continuously as husband and wife (i.e., in the same household) for at least five years prior to the marriage.
    • Occasional or irregular living arrangements might not meet the threshold of “continuous cohabitation.”

  2. No Legal Impediment to Marry

    • At no point during those five years should there have been any bar to their marriage.
    • Examples of legal impediments include existing marriage(s), close blood relation, minority (one or both parties below the legal marrying age), or other disqualifications under the Family Code or special laws.

  3. Intention to Actually Marry

    • The affidavit is used specifically to marry without a license; it is not merely for “common-law” recognition. You still proceed with a marriage ceremony—just without the usual license requirement.

If any impediment existed for even a part of the five-year period, the couple cannot use Article 34 and must secure a marriage license in the usual manner.

3. Contents of the Affidavit of Cohabitation

While the exact wording may vary, the affidavit should typically include:

  1. Personal Information of both parties (full names, ages, citizenship, residence).
  2. Statement of Cohabitation affirming that they have lived together as husband and wife for at least five continuous years immediately prior to the intended marriage date.
  3. Assertion of No Legal Impediment during those five years (e.g., both were single, or any previous marriage was legally terminated before the cohabitation began, etc.).
  4. Date and Place of Execution of the affidavit.
  5. Signature of Both Parties and acknowledgment before a notary public or other legally authorized official.

A typical format would be:

“We, (Name of Man) and (Name of Woman), both of legal age, under oath, depose and state that we have lived together as husband and wife for at least five (5) continuous years without any legal impediment to marry… and so forth.”

4. Procedure to Get Married via Affidavit of Cohabitation

  1. Drafting and Execution of the Affidavit

    • The couple prepares the affidavit containing all required statements.
    • They both appear before a notary public (or another officer authorized to administer oaths) to sign and swear under oath to the affidavit’s truth.

  2. Submission to the Local Civil Registrar or Other Relevant Authority

    • Present the notarized affidavit to the solemnizing officer and/or the local civil registrar prior to the wedding ceremony.
    • In many cases, the solemnizing officer or the local civil registrar may request documentary proof that supports the continuous cohabitation (though this is not explicitly required by law, individual offices may have their own procedures).

  3. Solemnization of Marriage

    • Once the affidavit is accepted, the couple can proceed with the wedding ceremony without obtaining a traditional marriage license.
    • The celebrant (whether judge, priest, imam, or other authorized solemnizing officer) performs the ceremony, and the marriage certificate is subsequently registered.

5. Importance of Accuracy and Honesty

Because this document is sworn under oath, providing false statements in the affidavit could result in:

  1. Perjury Charges under Philippine law.
  2. Potential Nullity or Annulment of marriage if it is found that the affidavit was based on false information—particularly if a legal impediment existed.
  3. Criminal and Civil Liabilities beyond the annulment of the marriage (depending on the severity of the misrepresentation).

6. Common Misunderstandings and Pitfalls

  1. Misconception That Cohabitation Alone Equals Valid Marriage

    • Simply living together does not automatically create a legally recognized marriage. You must undergo a formal wedding ceremony with an authorized solemnizing officer.
    • The five-year cohabitation rule only allows you to be exempt from getting a marriage license—no more, no less.

  2. Incorrect Counting of the Five-Year Period

    • The cohabitation must be unbroken and cover the complete five-year span before the date of marriage.
    • If there was a gap (e.g., separated for six months), or if a legal impediment was discovered during part of that time, the exemption does not apply.

  3. Omission of a Prior Legal Impediment

    • One of the parties might have been previously married or not legally capacitated to marry, believing that the prior marriage had ended but with no proper annulment, declaration of nullity, or dissolution.
    • Even if you “thought” you were free to marry, you must ensure no impediment truly existed during the entire cohabitation period.

  4. Local Civil Registrar’s Additional Requirements

    • Some local civil registrars or solemnizing officers request proof (e.g., community tax certificates, joint bills, affidavits from neighbors, etc.). These practices can vary by municipality.
    • While not mandated explicitly by law, it is prudent to comply with local procedures to avoid delays or rejection of the marriage application.

7. Practical Tips

  1. Gather Evidence of Cohabitation

    • While not strictly required by law to secure the affidavit, having documents (e.g., bills, government IDs with the same address, leases) can help confirm your long-term cohabitation if questioned.

  2. Consult a Lawyer if Unsure

    • If either party has a complicated marital history (e.g., previous marriage, foreign divorce, judicial recognition of foreign divorce, etc.), obtain legal advice to confirm there is truly no impediment.

  3. Be Prepared for Varying Requirements

    • Different local civil registrars may interpret Article 34 slightly differently; asking for clarifications before finalizing your plans helps avoid last-minute hurdles.

  4. Use Properly Notarized Affidavits

    • Make sure your affidavit is notarized or sworn before the correct officials. Unsigned or improperly notarized affidavits will not have legal validity.

8. After the Ceremony: Registration of Marriage

Once the marriage has been solemnized (with the Affidavit of Cohabitation in lieu of a marriage license), the solemnizing officer or authorized persons must ensure the marriage certificate is properly registered with the Local Civil Registry. You should follow up with the Local Civil Registrar to verify that your marriage has been duly recorded. This registration is crucial for obtaining an official Marriage Certificate from the Philippine Statistics Authority (PSA).

9. Consequences of Non-Compliance

If the couple misrepresents facts in the affidavit, or if they fail to register the marriage properly:

  • The marriage could be subject to nullity or annulment proceedings if later found defective under law.
  • Possible criminal implications if the affidavit is discovered to contain intentional falsehoods.

10. Conclusion

An Affidavit of Cohabitation serves as a practical solution for long-term partners who meet all the conditions under Article 34 of the Family Code, sparing them the necessity of obtaining a formal marriage license. However, it is a strictly governed legal mechanism. Couples must:

  1. Verify they truly meet the continuous five-year cohabitation requirement without any legal impediment;
  2. Correctly execute and notarize the affidavit;
  3. Have the wedding solemnized by an authority;
  4. Ensure proper registration of the marriage.

By following these guidelines, couples can validly marry without a traditional license while fulfilling all legal mandates in the Philippines.

Disclaimer

This discussion is for general information only and should not be taken as legal advice. Legal procedures and interpretations can vary from one locality to another, and laws may be updated. If you have questions specific to your situation, you should consult a licensed attorney in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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