Article 34 Marriage Philippines
Understanding Article 34 of the Family Code
Article 34 of the Family Code of the Philippines pertains to a specific exemption regarding the need for a marriage license. According to this provision, a man and woman who have lived together as husband and wife for at least five years, and who do not have any legal impediments to marry, can get married without the necessity of a marriage license. This provision intends to legitimize unions that have stood the test of time, albeit without the formalities typically required by law.
Requirements Under Article 34
Five-Year Cohabitation: The couple must have lived together for at least five continuous years immediately preceding the celebration of the marriage.
Legal Age and Capacity: Both parties must be at least 18 years old and should not be bound by any previous subsisting marriage.
Absence of Legal Impediments: Both parties should have no legal obstacles to marry each other, such as being close blood relatives.
Joint Affidavit: A sworn affidavit must be executed by the parties to prove their qualifications under Article 34.
Legal Consequences
Validity of Marriage: A marriage celebrated under Article 34 is as legally binding as one conducted with a marriage license.
Civil Obligations: The couple will have the same civil obligations as traditionally married couples, including property relations, custody of children, and spousal rights.
Legal Risks: Falsely claiming to meet the requirements of Article 34 can lead to the annulment of the marriage.
How to Avail Article 34
Legal Consultation: Always consult with a legal advisor to make sure that you meet all the requirements.
Documentary Evidence: Gather all the necessary documents that could substantiate the five-year living-in period, such as utility bills, lease agreements, or affidavits from credible witnesses.
Execution of Affidavit: The affidavit stating that the couple is living together for at least five years must be notarized.
Marriage Ceremony: Once the affidavit is ready and notarized, the couple can proceed to the marriage ceremony which should be solemnized by any person authorized by law to do so.
Conclusion
Understanding Article 34 of the Family Code is crucial for couples who wish to legitimize their long-term relationship through marriage, without going through the usual bureaucratic requirements. The legal ramifications are profound, and it is strongly advised to consult with legal experts to navigate this path correctly.