Below is a comprehensive overview of what an Affidavit of Cohabitation is in the Philippines, why and when it is needed, how it is obtained, and other vital information. This discussion is for general informational purposes and does not constitute legal advice. Consult a qualified Philippine attorney or your local civil registrar’s office for guidance specific to your situation.

1. What Is an Affidavit of Cohabitation?

An Affidavit of Cohabitation is a sworn statement in which a couple attests that they have been living together as husband and wife (in a de facto marital relationship) for a specified period—commonly five (5) continuous years—without any legal impediment to marry each other.

The most frequent use of an Affidavit of Cohabitation arises under Article 34 of the Philippine Family Code, which exempts qualified couples from obtaining a marriage license if:

They have lived together as husband and wife for at least five (5) continuous years.
There is no legal impediment for them to marry.
They wish to marry without going through the usual license application.

Key Points

The Affidavit of Cohabitation often replaces the marriage license requirement for couples who have cohabited for five years.
It must clearly state the length of cohabitation, assert the absence of any legal impediments, and be duly notarized.
While typically linked to marriage licensing, other circumstances (e.g., property arrangements, visa applications, insurance or employment benefits) may also require proof of cohabitation or shared residence.

2. Legal Basis and Purpose

2.1. Article 34 of the Family Code

Article 34 of the Family Code of the Philippines (Executive Order No. 209, as amended) states:

“No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths…”

This provision is the primary legal basis for the so-called “no-license marriages” (often referred to as “live-in for five years” or “common-law marriage” scenario). The law aims to simplify the process for couples who have already effectively lived in a marital-type relationship for an extended period, assuming they meet the requirements.

2.2. Secondary Uses

While Article 34 is the most cited use of an Affidavit of Cohabitation, variations of such affidavits may be required in contexts such as:

Visa or immigration applications (demonstrating a genuine, long-term relationship).
Property disputes or estate matters (proving joint ownership or validating spousal claims).
Insurance and employment-related benefits (establishing beneficiary eligibility).

3. Requirements to Qualify Under Article 34

If you intend to use the Affidavit of Cohabitation to get married without a license, you must ensure:

Continuous Cohabitation for 5 Years
- You and your partner have lived under the same roof as husband and wife for at least five uninterrupted years.
- The countdown to five years must be prior to your intended date of marriage. Occasional short absences (e.g., business travel) typically do not break the continuity but check with the local civil registrar for any specific guidance.
No Legal Impediment
- Neither you nor your partner should have any existing marriage.
- You must both be of legal age and otherwise capable of contracting marriage.
- You should not be related by blood or otherwise disqualified from marrying.
Affidavit Before an Authorized Official
- The couple must execute an Affidavit of Cohabitation—often called a “Joint Affidavit”—in front of a notary public or other authorized person.

It is crucial to note that some local civil registrars may require supporting evidence (e.g., barangay certifications, community tax certificates showing the same address, witness affidavits) to verify the claim of five years’ cohabitation.

4. How to Obtain the Affidavit of Cohabitation

Draft or Secure an Affidavit Form
- Some law offices, notarial services, and local civil registrar’s offices provide a standard template or sample wording.
- If you have an attorney, they can prepare a custom affidavit reflecting your specific details.
Prepare Required Details
- Full legal names of both parties.
- Ages and current addresses.
- Explicit statement you have lived together as husband and wife for five continuous years.
- Declaration that there is no legal impediment to marry each other.
- Date and place the cohabitation began.
Execute the Affidavit
- Both parties must personally appear before a notary public or any official authorized to administer oaths (e.g., a judge, a clerk of court, or a consul if abroad).
- Bring valid government-issued identification documents (e.g., passport, driver’s license, or other valid IDs).
- Sign the affidavit in the presence of the notary and pay the notarial fee.
Notarization
- The document must be notarized.
- Notarization confirms the identity of the affiants (the couple) and that they made the statements voluntarily under oath.
- Once notarized, the affidavit becomes a public document that can be used as proof for various legal purposes.

5. Typical Contents of an Affidavit of Cohabitation

A standard template often includes:

Title: “Affidavit of Cohabitation” or “Joint Affidavit of Cohabitation”
Introduction: Identifying the affiants (the couple), their citizenship, and addresses.
Statements of Fact:
- Statement that both parties are of legal age.
- Assertion that they have lived as husband and wife continuously for five years.
- Confirmation that no legal impediment exists (e.g., no prior marriage, no consanguinity issue).
Reference to Article 34 (if for Marriage): A clause specifying that this affidavit is pursuant to Article 34 of the Family Code, if your purpose is to marry without a license.
Signature and Acknowledgment: Signatures of both affiants, notarization details (notary public’s signature, seal, date of notarization, notarial register number, etc.).

6. Using the Affidavit of Cohabitation for Marriage

Once you have the notarized affidavit, present it to the Local Civil Registrar (LCR) in the city or municipality where you will solemnize the marriage. Typically, you will also need:

Certificate of No Marriage (CENOMAR) or Advisory on Marriages from the Philippine Statistics Authority (PSA) for both parties, proving neither is married to another person.
Birth Certificates from the PSA.
Barangay Clearance or proof of residency.
Any other documents the local civil registrar requires (these can vary by locality).

If approved, the local civil registrar will allow you to proceed with the solemnization of marriage without requiring a formal marriage license, citing Article 34.

7. Other Situations Where an Affidavit of Cohabitation May Be Needed

Immigration or Visa Petitions: Some foreign immigration authorities may ask for proof that you and your partner have been living together for a certain time to qualify for partner/spousal visas.
Insurance, Financial, or Employment Benefits: Employers, insurers, or banks may require documentation of a common-law or live-in relationship to extend coverage or benefits.
Inheritance or Estate Proceedings: To establish a quasi-spousal standing where legal rights may hinge on proving continuous cohabitation.

8. Important Considerations and Reminders

Accuracy and Honesty
- Executing a false Affidavit of Cohabitation is punishable under Philippine law (perjury).
- Misrepresenting facts to avoid the marriage license requirement can lead to legal complications or even nullification of the marriage.
Local Variations
- Requirements and procedures can slightly differ among local government units (LGUs). Always confirm the specifics with the local civil registrar where you intend to submit your affidavit.
Not a Substitute for a Civil or Church Marriage
- Cohabitation alone does not create a legal marriage in the Philippines. An affidavit is used primarily to facilitate a lawful marriage under Article 34 or to document a factual relationship for specific legal/administrative purposes.
- If the couple wants a church wedding, the church might have its own requirements and may not waive the marriage license unless recognized by canonical rules.
Consult a Legal Professional
- If there are any doubts regarding your eligibility, existing impediments, or the wording of the affidavit, it is best to seek legal advice.
- Lawyers can ensure your affidavit is tailored to your situation and meets formalities.

9. Practical Tips

Gather Documents Early
- Prepare birth certificates, identification, and proof of address early.
- Request required clearances (e.g., CENOMAR) well in advance; PSA documents often take time to process.
Keep Copies
- After notarization, make extra certified true copies of your affidavit and supporting documents. You might need them in future transactions.
Record Properly
- When using the affidavit in official transactions, ask if the receiving office will stamp or mark it to indicate that it was officially received.
Be Aware of Timeframes
- For marriages under Article 34, you typically have to solemnize the marriage relatively soon after executing the affidavit; consult the local civil registrar on time limits and procedures.

10. Conclusion

An Affidavit of Cohabitation is a vital legal instrument in the Philippines for couples who have been living together for five or more years without legal impediment and wish to marry without a license under Article 34 of the Family Code. Beyond marriage, it can also serve other legal and administrative purposes when proof of shared residence is required.

Obtaining the affidavit requires honesty, accuracy, and adherence to proper notarization procedures. Always verify local requirements, and if in doubt, consult a lawyer or your local civil registrar to ensure your affidavit is valid and acceptable for its intended purpose.