What is the difference between a marriage license and an affidavit of cohabitation?
In the Philippines, the marriage license and affidavit of cohabitation serve distinct purposes in the legal process of marriage.
A marriage license is a legal document required before a couple can marry. It serves as a formal authorization from the government, affirming that both parties have met the necessary legal requirements and are eligible to marry. Obtaining a marriage license involves submitting various documents, such as birth certificates, CENOMAR (Certificate of No Marriage), and parental consent or advice if applicable. The marriage license must be secured from the local civil registrar and is valid for 120 days nationwide.
On the other hand, an affidavit of cohabitation is a sworn statement used by couples who have lived together continuously as husband and wife for at least five years and do not have any legal impediments to marriage. This affidavit allows them to marry without the need to obtain a marriage license. The affidavit must be executed by both parties and attested by at least two witnesses who can affirm their cohabitation. This legal provision is found under Article 34 of the Family Code of the Philippines and aims to simplify the marriage process for couples in long-term, stable relationships.
In summary, while a marriage license is generally required for all couples planning to marry, the affidavit of cohabitation offers an alternative for those who have lived together for at least five years, eliminating the need for a marriage license.