Dear Attorney,
I have been living with my partner for several years, and we are now considering getting married. We were informed that we might need to submit a document related to our living arrangement before proceeding with our marriage license application. Could you explain what this document is and how we can go about preparing it?
Sincerely,
An Inquiring Couple
Insights
In the context of Philippine law, when a couple has been living together for a certain period and intends to marry, an affidavit documenting their cohabitation may be required in specific situations. This affidavit serves as a sworn statement attesting to the fact that the couple has been living together as husband and wife.
Legal Basis for Cohabitation in the Philippines
Cohabitation, or living together without marriage, can be relevant in several legal contexts under Philippine law. Although not directly granting legal status akin to marriage, cohabitation can influence various legal matters, such as inheritance rights, property ownership, and eligibility for certain public benefits. Cohabitation itself does not create marital rights, but it may play a role in specific processes, such as the procurement of a marriage license.
Under Article 34 of the Family Code of the Philippines, couples who have lived together as husband and wife for at least five years may apply for a marriage license without needing to submit the usual formalities, such as parental consent or the publication of banns. However, this cohabitation must be genuine, uninterrupted, and free from any legal impediment to marriage during the entire five-year period.
Function of an Affidavit of Cohabitation
The Affidavit of Cohabitation is a legal document wherein the couple swears that they have lived together as husband and wife for a certain number of years, typically at least five, in compliance with the requirement of Article 34 of the Family Code. This document serves as proof of the couple's domestic arrangement and is essential when applying for a marriage license without the usual documentary requirements.
In preparing this affidavit, the couple needs to state the following:
- Full names of both parties
- Length of time they have been living together
- Confirmation that there were no legal impediments to their marriage during the cohabitation period
- Statement affirming that both parties are of legal age
- Statement that they are not related to each other by blood up to a certain degree that would prohibit marriage
This affidavit must be notarized by a notary public to ensure its legal authenticity and to be acceptable by the Local Civil Registrar when applying for a marriage license.
Key Points to Consider
1. Uninterrupted Cohabitation
The couple's cohabitation must have been continuous for at least five years without any interruptions. This means that there should be no significant separation periods during this time, and the living arrangement should have been stable and reflective of a marital relationship.
2. Absence of Legal Impediments
For the affidavit to be valid under Article 34, both parties must have been legally capable of marrying each other during the entirety of their cohabitation period. If one or both parties were previously married, the affidavit will be void unless those prior marriages were legally annulled or declared null and void.
3. Verification and Filing
When submitting the affidavit, the couple should ensure that it is notarized and submitted together with other documents required by the Local Civil Registrar. Depending on the locality, the registrar may also require additional evidence or witnesses to corroborate the couple’s claims of cohabitation.
Legal Implications of Misrepresentation
It is crucial that the couple is truthful in the affidavit, as any misrepresentation or falsehood in the document can lead to serious legal consequences. Falsification of public documents is a criminal offense under the Revised Penal Code of the Philippines. Misrepresentation in this affidavit may also void the marriage license or annul the marriage if it proceeds.
Other Considerations Related to Cohabitation
Property Relations
In the absence of a formal marriage, the property relations between the couple are not governed by the provisions of the Family Code on conjugal or community property. Instead, property acquired during cohabitation may be considered co-owned under the Civil Code, which governs ownership of properties by unmarried individuals. Upon separation, the couple’s assets may be divided according to their respective contributions, unless a legal agreement to the contrary exists.
Recognition of Rights in Other Legal Contexts
Cohabitation can affect other legal contexts such as inheritance and family law. For instance, if the couple has children, these children will be considered illegitimate under Philippine law unless the parents subsequently marry. However, the subsequent marriage of the couple would legitimize the children under Article 177 of the Family Code.
In some cases, long-term cohabitation can also establish the rights of common-law partners to make decisions regarding each other's health or welfare in the absence of a formal marriage. This is particularly relevant in legal matters involving medical consent, guardianship, and estate administration.
Conclusion
The affidavit serves as a practical legal document that simplifies the process for couples who have already established a long-term domestic partnership and wish to formalize their relationship. It allows the couple to avoid some of the more burdensome procedural requirements typically associated with obtaining a marriage license.
However, the affidavit must be prepared with the utmost accuracy, as false statements can lead to significant legal repercussions. It is always advisable for couples considering this option to consult with a lawyer to ensure compliance with legal requirements and avoid any unintended consequences.