Dear Attorney,
I hope this letter finds you well. I am reaching out to seek your expert legal advice regarding a concern I have regarding the Family Code of the Philippines and its provisions on marriage. My fiancé and I have been living together in a conjugal arrangement for the past five years, and we are considering the possibility of using Article 34 of the Family Code to avoid the usual requirement of securing a marriage license before our wedding.
Could you kindly provide detailed information on whether or not we can utilize Article 34 in our case, and under what circumstances this provision may apply prior to our marriage? Your insights would be greatly appreciated, as we are eager to understand the legal implications of this matter.
Thank you for your time and expertise.
Sincerely,
A concerned individual
Legal Insights on Article 34 of the Family Code and Its Applicability Before Marriage
Article 34 of the Family Code of the Philippines is a provision that addresses the requirement of a marriage license in certain situations. Specifically, it outlines the circumstances under which a marriage license may not be necessary before a couple can get married. To fully comprehend its application, it is crucial to consider both the text of the law and its broader context within Philippine family law. Below, I will provide a comprehensive and thorough explanation of Article 34, its legal implications, and how it may potentially apply to couples, particularly those who have been living together before their marriage.
The Text of Article 34 of the Family Code
Article 34 of the Family Code states:
"Article 34. No marriage license shall be required of a couple who have been living together as husband and wife for at least five (5) years without legal impediment, provided they execute an affidavit to that effect before the solemnizing officer."
This provision allows couples who have cohabited for a significant period of time—five years or more—to forgo the usual marriage license requirement. However, this is not an automatic exemption. Couples must fulfill specific conditions and must be able to prove their long-term cohabitation to the appropriate authorities.
Key Requirements for the Application of Article 34
1. Cohabitation for at Least Five Years
The first requirement under Article 34 is that the couple must have lived together as husband and wife for at least five years. This is a crucial condition, as it ensures that the individuals involved have demonstrated a serious and long-term commitment to each other. The law does not specify whether the cohabitation must be continuous or whether intermittent periods of separation are acceptable. However, it is generally understood that the five years should reflect a stable, ongoing relationship.
If the couple has not lived together for the required period, they will still need to obtain a marriage license through the usual process.
2. Absence of Legal Impediments
The second condition is that there must be no legal impediments preventing the marriage. Legal impediments may include circumstances such as one of the individuals being already married to someone else or being too closely related by blood to the other person. Essentially, both parties must be legally capable of marrying each other.
For example, if one of the individuals is still married to another person and the marriage has not been annulled or dissolved, this could present a legal impediment that would invalidate the use of Article 34.
3. Affidavit of Cohabitation
To benefit from the exemption, the couple must execute an affidavit stating that they have been living together as husband and wife for at least five years. This affidavit must be signed and sworn before the solemnizing officer (the person who will officiate the wedding). The affidavit serves as proof of the couple’s cohabitation and commitment to one another.
The solemnizing officer is typically a person who is authorized by law to perform marriages, such as a judge, a priest, or a mayor. It is important that the affidavit is executed correctly and complies with legal standards to avoid any complications later on.
Practical Considerations and Legal Implications
Proof of Cohabitation
One of the most critical aspects of applying Article 34 is the requirement to prove that the couple has indeed lived together for the specified period of five years. This may involve presenting documentary evidence such as joint lease contracts, utility bills in both parties’ names, or any other documentation that can demonstrate that the couple has shared a household for the required period.
In the absence of such documentation, the solemnizing officer may rely on the affidavit of the couple alone, but the lack of substantial proof could potentially raise doubts or complications. The requirement for proof is crucial to ensure that the exemption is applied correctly, and the authorities may request additional verification if the evidence presented is deemed insufficient.
Affidavit and Solemnizing Officer's Role
The affidavit to be executed by the couple must be detailed and include specifics such as the duration of the cohabitation, the absence of legal impediments, and the parties’ intent to marry. The solemnizing officer plays a critical role in accepting and verifying the affidavit. It is essential that the solemnizing officer is fully aware of the legal requirements and is familiar with the proper procedures to ensure that the marriage is valid.
If the solemnizing officer is unsure about the legitimacy of the affidavit or if there are concerns about the relationship’s compliance with the requirements of Article 34, they may refer the matter to the local civil registrar for further review.
Relationship with the Marriage License
It is important to note that while Article 34 provides an exemption from the marriage license requirement, the marriage is still subject to the same formalities as any other marriage. For instance, the couple will still need to provide the necessary documents for the marriage, such as valid identification, proof of citizenship, and other documents that may be required by the solemnizing officer.
Moreover, even though a marriage license is not required, the marriage must still be performed according to the law, and the couple must ensure that all other legal formalities are complied with.
Comparative Perspective: Legalities of Cohabitation and Marriage
In the context of Philippine law, the concept of cohabitation plays a significant role in shaping the legal framework governing marriages. Cohabitation is often associated with the idea of living together without formalizing the relationship through marriage. However, Article 34 acknowledges that long-term cohabiting couples who have demonstrated stability and commitment may be granted the same recognition as those who have gone through the formal process of obtaining a marriage license.
This provision acknowledges that the legal formality of a marriage license does not always reflect the reality of a couple's relationship. Therefore, Article 34 is a recognition of the value of cohabitation and aims to simplify the process for couples who have already demonstrated their mutual commitment.
Conclusion
In summary, Article 34 of the Family Code provides a provision that allows couples who have been cohabiting for at least five years to marry without the need for a marriage license, provided they meet specific requirements, including proof of cohabitation, the absence of legal impediments, and the execution of an affidavit before the solemnizing officer.
This provision is designed to streamline the marriage process for couples who have demonstrated a long-term commitment, but it also imposes certain conditions to ensure that the marriage is valid and recognized by law. Couples considering this option should ensure that they comply with all the necessary requirements and are prepared to provide adequate proof of their cohabitation. Legal counsel should be consulted to help navigate the specific requirements and avoid any complications during the marriage process.
While Article 34 offers a way for couples to avoid the typical marriage license requirement, it is essential to approach the matter with careful consideration of all the legal obligations involved to ensure that the marriage is legally valid and that all procedural steps are followed.