Dear Attorney,

I am currently planning to get married and my partner and I have been living together for some time. We were advised that we might need to submit an Affidavit of Cohabitation. Could you kindly confirm if we should submit this document to the civil registry or to the church? Any clarification would be greatly appreciated.

Sincerely,
Concerned Citizen

Insights

Affidavit of Cohabitation in the Philippines: Legal Requirements and Procedures

An Affidavit of Cohabitation is a legal document commonly used in the Philippines by couples who have lived together for at least five years and are seeking to marry without the need for a marriage license. This process is recognized under Article 34 of the Family Code of the Philippines as an exemption to the general rule that requires a marriage license for civil or religious marriages. The affidavit serves as evidence of the couple’s uninterrupted cohabitation.

Legal Basis for Affidavit of Cohabitation

Article 34 of the Family Code of the Philippines provides the legal framework for couples who have lived together continuously and exclusively as husband and wife for at least five years. Under this provision, a marriage license may not be necessary, provided both parties are capacitated to marry each other during the entire period of cohabitation.

The affidavit must state the following:

That the couple has been living together as husband and wife for at least five continuous years.
That neither party is legally disqualified from marrying each other.
That the couple's cohabitation has been exclusive and uninterrupted.

By executing the affidavit, both parties are swearing that they meet all these legal requirements, making them eligible for marriage without a marriage license.

Filing and Submission: Civil Registry vs. Church

In the context of where to submit an Affidavit of Cohabitation, the submission will depend on whether the couple is pursuing a civil wedding or a religious wedding:

Civil Wedding: If the couple is opting for a civil wedding, the affidavit, along with other marriage requirements, should be submitted to the Local Civil Registry Office (LCRO) where the marriage will be solemnized. This is the office responsible for recording marriages, and the absence of a marriage license, due to the affidavit, is documented here.
Religious Wedding: If the couple intends to marry in a religious ceremony, such as in the Catholic Church, it is typically required to present all necessary documents, including the affidavit, to the parish office where the wedding will take place. However, the church authorities may still require a marriage license unless the affidavit is supported by other documentation under civil law, which should then also be filed with the LCRO after the wedding.

It is important to note that the requirements of different religious institutions may vary, and while the affidavit might be accepted under civil law, some churches could still insist on compliance with their own procedural standards.

Key Requirements and Process

To properly execute an Affidavit of Cohabitation, the following steps should be observed:

Drafting the Affidavit: The affidavit should be a sworn document, notarized by a notary public. It must include the full names of both parties, the exact length of time they have lived together, and a declaration that there has been no legal impediment to their marriage during the period of cohabitation.
Notarization: The couple must appear before a notary public to execute the affidavit. Notarization gives the document its legal force.
Submission: Once the affidavit is notarized, it should be submitted to the appropriate authority:
- Local Civil Registry for civil marriages.
- Parish Office or religious institution for religious ceremonies.
Compliance with Other Requirements: Even with the affidavit, both civil and religious marriages require other standard documents, such as birth certificates, Certificate of No Marriage (CENOMAR), and parental consent or advice if either party is below a certain age.

Legal Considerations

While the Affidavit of Cohabitation allows for an exemption from obtaining a marriage license, it is essential to understand that this does not exempt the couple from other legal requirements for marriage under Philippine law. These include:

Capacity to Marry: Both parties must still meet the legal requirements for marriage, including age restrictions and the absence of existing marriages.
Impediments to Marriage: The affidavit must truthfully declare that neither party has been married to another person during the period of cohabitation, as bigamy is prohibited under Philippine law.

Penalties for Misrepresentation

Falsifying information in an Affidavit of Cohabitation carries severe legal consequences. Should either party provide false information, they could be held criminally liable for perjury, punishable by imprisonment under the Revised Penal Code of the Philippines. Additionally, a marriage founded on fraudulent grounds could be declared null and void, which would have significant legal ramifications, particularly in terms of property rights, legitimacy of children, and other issues related to family law.

Practical Tips for Couples

For couples seeking to use the Affidavit of Cohabitation, it is advisable to ensure that:

They have lived together continuously for at least five years without legal impediments.
The affidavit is properly notarized and submitted to the appropriate authority, whether civil or religious.
All other required documentation is completed.

For couples considering this option, consulting with a lawyer or the local civil registrar can provide additional guidance to ensure compliance with both civil law and religious requirements.

In conclusion, the Affidavit of Cohabitation offers a legally recognized pathway for long-term cohabiting couples in the Philippines to marry without the need for a marriage license. However, the process requires strict adherence to legal formalities and truthfulness to avoid complications later on.