Dear Attorney,

I am an overseas Filipino worker (OFW) seeking your advice on the legal process for filing an affidavit of cohabitation. I would like to know the requirements and steps involved, particularly how this affidavit works for couples who have been living together. Could you explain how this document can support legal matters such as applying for a marriage license? I want to ensure that I follow the proper legal procedures upon my return to the Philippines.

Thank you.

Sincerely,
An OFW Inquirer

Insights

An affidavit of cohabitation is a sworn statement that serves as proof of a couple’s continuous, exclusive, and unbroken cohabitation. In the Philippines, this document is often used to satisfy certain legal requirements, especially for couples applying for a marriage license under specific circumstances.

Legal Basis of Cohabitation Affidavits
Under Article 34 of the Family Code of the Philippines, a couple who has lived together for at least five years without any legal impediments to marry may secure a marriage license without the need to undergo the standard publication requirements. In these cases, an affidavit of cohabitation is necessary to confirm that the couple has been living together as husband and wife for the required period and is not barred from marrying by prior marriages or other legal obstacles.

Key Requirements
To execute an affidavit of cohabitation, the following conditions must be met:

Five-Year Period of Cohabitation: The couple must have been living together for at least five continuous years.
No Legal Impediment to Marry: Both parties must be single, or their previous marriages must have been legally annulled, dissolved, or otherwise terminated.
Exclusivity and Continuity: The relationship must be exclusive and unbroken.

The affidavit must include the personal details of both parties, the date of the start of their cohabitation, and a sworn declaration that they meet all the legal requirements. The document should be notarized by a public notary to ensure its authenticity.

Uses and Importance
In addition to marriage license applications, an affidavit of cohabitation may be used in:

Immigration and Visa Applications: For purposes of proving the legitimacy of a relationship when applying for visas or residency abroad.
Inheritance and Property Issues: In cases where couples need to establish their relationship for claims over property or inheritance.
Social Security and Government Benefits: Some government institutions may require this affidavit for a spouse or partner to claim benefits.

Couples must understand that any false claims in the affidavit may result in legal consequences, including the nullification of the marriage and potential criminal liability for perjury.