Dear Attorney,

I have been living with my partner for several years, and we are both unmarried. We are now planning to get married, but someone mentioned that we may need to file a legal document before doing so. Could you please advise if this is necessary and what steps we need to take to comply with the law?

Thank you,
Concerned Citizen

Insights

Understanding Affidavit of Cohabitation in the Philippines: Legal Requirements and Implications

An affidavit of cohabitation is a legal document commonly required when two individuals have been living together as husband and wife without the formalities of a legal marriage. This document becomes particularly relevant when a couple decides to formalize their relationship through marriage, especially in cases where they do not have access to a traditional marriage certificate.

Legal Basis for an Affidavit of Cohabitation

The requirement for an affidavit of cohabitation is rooted in Article 34 of the Family Code of the Philippines. Under this provision, couples who have lived together as husband and wife for at least five years and are legally eligible to marry may do so without the need for a marriage license. The five-year cohabitation period must be continuous, and the parties must not have any legal impediments to marry, such as existing marriages or legal prohibitions.

Key Elements of the Affidavit of Cohabitation

The affidavit must contain several essential details to ensure its legal validity:

Personal Information – Full names, addresses, and other pertinent details of both parties involved.
Period of Cohabitation – The document must explicitly state that the couple has lived together for at least five continuous years. Breaks or interruptions in the cohabitation period could invalidate the affidavit.
Lack of Legal Impediments – Both parties must declare that there are no existing legal impediments preventing them from marrying. This includes any prior marriages that have not been legally dissolved.
Intent to Marry – The affidavit also serves as a formal declaration of the couple’s intention to marry without a marriage license, in accordance with the Family Code.

Steps to Execute an Affidavit of Cohabitation

Preparation of the Affidavit – The affidavit must be prepared in writing, signed, and sworn to before a notary public. It is advisable to have a lawyer draft the document to ensure that all legal requirements are properly met.
Notarization – After drafting, both parties must appear before a notary public to swear under oath that the information in the affidavit is true and correct. The affidavit then becomes a notarized document, making it legally binding.
Presentation to Civil Registry – The notarized affidavit of cohabitation is typically submitted along with other marriage requirements to the local civil registry. This document replaces the need for a marriage license, provided that the couple meets the qualifications set out in the Family Code.

Limitations and Exceptions

While the affidavit of cohabitation is a legal shortcut for long-term partners intending to marry, there are strict limitations:

Continuous Cohabitation Requirement – The couple must have lived together continuously for five years before applying for marriage. This means any period of separation or breaks in cohabitation may disqualify the couple from utilizing this option.
No Legal Impediments – Couples with legal impediments, such as a previous undissolved marriage, are ineligible for this process. If any legal impediments exist, the marriage cannot proceed without first resolving these issues (e.g., annulment or legal separation).

Consequences of False Statements in the Affidavit

Submitting a false affidavit of cohabitation, or one that contains inaccuracies, can have serious legal consequences. Under the Revised Penal Code of the Philippines, individuals who provide false information in legal documents may be charged with perjury, a criminal offense punishable by imprisonment. Additionally, marriages entered into based on fraudulent affidavits may be subject to annulment or nullification if the misrepresentations are discovered later on.

Practical Applications and Common Scenarios

The use of an affidavit of cohabitation is common in the following scenarios:

Long-Term Partners – Couples who have lived together for many years but delayed formalizing their relationship through marriage can use this document to simplify the process.
Remote Areas – In some cases, couples residing in remote areas may find it difficult to access the necessary government offices to secure a marriage license. The affidavit of cohabitation provides an alternative path to marriage.
Older Couples – Older couples who have cohabited for several years and have reached a stage where they wish to formalize their relationship may find this affidavit useful, especially when they do not wish to undergo the standard marriage license procedure.

Final Thoughts

The affidavit of cohabitation is a legal tool designed to simplify the marriage process for couples who have already demonstrated a long-term commitment through cohabitation. However, couples intending to marry under this provision should ensure they meet all the legal requirements to avoid potential complications. Consulting a lawyer or legal professional is highly recommended to ensure the affidavit is properly drafted and executed according to Philippine law.

This document not only provides an alternative to the traditional marriage process but also ensures that long-term partners can formalize their union without undue burden, as long as they comply with the specific requirements set out in the Family Code.