1) What an Affidavit of Cohabitation Is

An Affidavit of Cohabitation is a sworn statement (made under oath) declaring that two people have been living together as partners for a stated period, usually “as husband and wife” (or “as partners”), and describing relevant facts about that cohabitation.

In Philippine practice, it commonly appears in two settings:

Marriage-related use (Family Code, Article 34) — a “Joint Affidavit of Cohabitation” executed by the parties who will marry, to support an application to marry without a marriage license when the law allows an exemption.
Non-marriage, documentary use — to evidence a live-in relationship for limited administrative or private purposes (e.g., employer files, insurance, hospital matters), or to document facts relevant to property disputes.

Important concept: There is no “common-law marriage” in the Philippines

Cohabitation does not automatically create a marriage. Marriage is a legal status that requires compliance with the Family Code (or recognition of a valid marriage under applicable rules). An affidavit is evidence of facts; it does not create a marital status by itself.

2) Legal Context: Where It Fits in Philippine Family Law

A. Marriage license is generally required

Under the Family Code, a marriage license is generally a formal requirement before a marriage may be solemnized, unless the couple falls under a recognized exemption.

B. Article 34: The most common legal reason this affidavit is requested

Article 34 provides a special rule for couples who:

have lived together as husband and wife for at least five (5) years, and
are without any legal impediment to marry each other,

allowing them to marry without a marriage license, provided they execute an affidavit stating these facts.

C. Why accuracy matters

If a couple marries without a license and they do not actually qualify for an exemption (such as Article 34), the marriage may be treated as void for lack of a required license. Separately, false statements in an affidavit can expose the affiants to criminal liability for perjury (a false statement under oath on a material matter).

3) When an Affidavit of Cohabitation Is Needed (and When It Isn’t)

Situation 1: You plan to marry under Article 34 (marriage without a license)

This is the classic scenario.

Typically needed when:

the Local Civil Registrar (LCR) or the solemnizing officer requires proof that you qualify under Article 34; and
you and your partner want to proceed without securing a marriage license.

Core legal requirements to qualify:

At least 5 years of continuous cohabitation immediately before the marriage
No legal impediment to marry each other during that period and at the time of marriage

Examples of legal impediments (not exhaustive):

a subsisting prior marriage (unless legally ended/annulled/declared void with finality where applicable)
prohibited degrees of relationship (incestuous or void relationships under the Family Code)
lack of legal capacity (e.g., below the legal age for marriage under current law)
other disqualifications under the Family Code

What this affidavit is (in this context):

A Joint Affidavit of Cohabitation stating the couple’s cohabitation for 5 years and absence of impediment.

What it is not:

It is not a marriage certificate.
It is not a substitute for requirements that still apply (e.g., certain supporting documents often required by the LCR/solemnizing officer).

Common local practice note: Many LCRs or solemnizing officers ask for supporting papers (e.g., IDs, birth certificates, CENOMAR/advisory on marriages, barangay certification, witnesses). Some of these are practical requirements imposed by offices even if the Family Code text focuses on the affidavit.

Situation 2: You are in a live-in relationship and an institution asks for proof of your partnership

Some employers, HMOs, insurers, or private institutions may accept an affidavit to document a partner relationship for limited, policy-based purposes (e.g., listing a partner as a dependent where the plan allows it, or supporting a “next of kin” notation).

Possible use cases:

employer records for partner benefits (if the company policy recognizes domestic partners)
private HMO enrollment (policy-dependent)
insurance beneficiary documentation (where a partner is named as beneficiary)
hospital or visitation documentation in practice (institution-dependent)
tenancy/lease or shared residence documentation (as supporting evidence)

Limits: If a benefit is restricted by law or by a program’s rules to a legal spouse, an affidavit usually cannot substitute for a marriage certificate.

Situation 3: Property and financial matters involving cohabiting partners

For couples who are not married, property relations may fall under Family Code provisions on unions without marriage (commonly discussed under Articles 147 and 148, depending on whether there is a legal impediment).

An affidavit may be used as supporting evidence of:

the fact and start date of cohabitation,
the parties’ declarations about contributions to property,
the nature of their relationship for context in disputes.

But: the affidavit does not automatically settle ownership questions. Courts look at evidence of acquisition, contributions, and applicable legal regime.

Situation 4: “We need it for our child’s documents.”

Be careful here. An affidavit of cohabitation is not the standard document to establish a child’s filiation, paternity recognition, or the right to use a surname. Those usually involve specific forms/affidavits (e.g., acknowledgment of paternity, documents required for registration), not a general cohabitation affidavit.

4) Key Limitations and Common Misunderstandings

A. It does not create marital status

Even if notarized, an affidavit is still a sworn statement. It does not make you married.

B. It does not “cure” legal impediments

If one party is still married, for example, an affidavit cannot make a later marriage valid or remove criminal exposure for bigamy-related issues.

C. It can be rejected by agencies/institutions

Acceptance depends on:

the purpose (Article 34 vs. private policy),
the office’s rules,
consistency with law (some agencies require a marriage certificate).

D. False statements have consequences

Executing a knowingly false affidavit can lead to:

perjury exposure, and/or
consequences in related proceedings (e.g., a marriage being challenged, credibility issues, administrative issues).

5) What the Affidavit Usually Contains

While formats vary, a solid Affidavit of Cohabitation commonly includes:

Title (e.g., “Joint Affidavit of Cohabitation”)
Personal details of both affiants
- full name, age, civil status, citizenship
- current address
Statement of relationship and cohabitation
- when cohabitation started
- continuous cohabitation (and where)
- that they lived together “as husband and wife” / “as partners” (depending on purpose)
For Article 34 use: a clear statement that
- they have lived together for at least five (5) years, and
- they are without legal impediment to marry each other
Purpose clause
- e.g., “executed to support our intended marriage under Article 34…”
- or “executed to attest to our cohabitation for [institution/purpose]…”
Oath and signature blocks
- signatures of both affiants
- sometimes witnesses (optional but may be requested)
Jurat (notarial portion)
- the notary’s certification that the affidavit was subscribed and sworn before them, with date/place, competent evidence of identity, etc.

Practical drafting tip: For Article 34, vagueness is risky. State specific dates and the basis for claiming “no legal impediment.”

6) Who Can Execute It

Usually, both partners sign a joint affidavit.
In some non-marriage contexts, one person may execute an affidavit describing cohabitation, but joint execution is stronger evidence when both are available.
Some offices request additional affidavits from disinterested witnesses (neighbors, barangay officials, employers, relatives) to corroborate cohabitation, though this is more a matter of practice than a universal legal requirement.

7) How to Get an Affidavit of Cohabitation (Step-by-Step)

Step 1: Identify the exact purpose

The wording differs depending on whether it is for:

Article 34 marriage (no license), or
private/administrative proof of domestic partnership, or
property/documentation purposes.

Step 2: Gather the information you will declare

Prepare:

exact start date (or at least month/year with a defensible basis)
addresses where you lived together
facts showing continuity (if relevant)
for Article 34: confirm there is no legal impediment

Step 3: Prepare supporting documents (often requested)

Commonly requested by notaries and offices:

at least one (often two) government-issued IDs per affiant
proof of address (sometimes)
if for marriage: documents commonly required by LCR/solemnizing officer (often birth certificates, CENOMAR/advisory, etc.), depending on local practice

Step 4: Draft the affidavit

Options:

have a lawyer draft it (useful when Article 34 is involved due to validity risk), or
use a careful template and customize it to your facts.

Step 5: Appear before a Notary Public for notarization

Under notarial practice rules, notarization generally requires:

personal appearance
presentation of competent evidence of identity (valid IDs)
signing in the notary’s presence
entry into the notarial register

After notarization, the affidavit becomes a public document.

Step 6: Secure certified copies as needed

Request extra original notarized copies if you’ll submit to multiple offices.

Step 7 (if the affidavit will be used abroad): Apostille

If the affidavit will be presented outside the Philippines, it may need an Apostille from the Department of Foreign Affairs (or other authentication steps depending on the destination country’s rules). Requirements and routing vary by country and receiving institution.

8) Typical Requirements for Article 34 Use (What Offices Often Look For)

For couples intending to marry without a license under Article 34, offices often look for:

Joint Affidavit of Cohabitation stating:
- cohabitation for at least 5 years
- no legal impediment
Proof of identity (IDs)
Civil registry documents often requested:
- birth certificates (PSA-issued)
- proof of no marriage record / advisory on marriages (commonly requested to check impediments)
Sometimes supporting attestations:
- barangay certificate of cohabitation/residency
- affidavits of neighbors/witnesses

Risk management point: If there is doubt about the 5-year period or about impediments, it is safer to comply with the standard marriage license process rather than rely on Article 34.

9) Common Mistakes That Cause Problems

Claiming 5 years when it’s less than 5 This can jeopardize the validity of a marriage solemnized without a license.
Ignoring a legal impediment Examples include a subsisting marriage or prohibited relationship.
Using vague timelines “For many years” is weaker than “since 15 January 2021” (with truthful support).
Notarization without personal appearance This can invalidate the notarization and create legal exposure.
Assuming it guarantees benefits Some government benefits and processes require proof of lawful marriage.

10) Sample Form (Template)

JOINT AFFIDAVIT OF COHABITATION (For general use; modify to your facts and purpose)

REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S.

We, [FULL NAME], of legal age, [civil status], Filipino, and residing at [address], and [FULL NAME], of legal age, [civil status], Filipino, and residing at [address], after being duly sworn, depose and state:

That we are living together at [address] and have been cohabiting as [“husband and wife” / “partners”] since [specific date], continuously up to the present.
(If for Article 34 marriage) That we have lived together as husband and wife for at least five (5) years immediately preceding the date of our intended marriage, and that during said period and up to the present, we are without any legal impediment to marry each other.
That we are executing this Joint Affidavit to [state purpose clearly: e.g., “support our intended marriage under Article 34 of the Family Code” / “certify our cohabitation for submission to ____”].

IN WITNESS WHEREOF, we have hereunto set our hands this ___ day of __________ 20__ in ____________, Philippines.

[Affiant 1 Name] Government ID No.: _______ Issued on: _______ / Issued at: _______

[Affiant 2 Name] Government ID No.: _______ Issued on: _______ / Issued at: _______

SUBSCRIBED AND SWORN to before me this ___ day of __________ 20__ in ____________, Philippines, affiants exhibiting to me their competent evidence of identity as indicated above.

(Notarial Jurat)

11) Practical Takeaways

The affidavit is most legally significant in Article 34 marriages, where it supports an exemption from the marriage license requirement.
It is also used as evidence of a live-in relationship for certain administrative or private transactions, but it does not create spousal status or override legal requirements.
Accuracy is critical: a false or careless affidavit can lead to serious legal consequences, including challenges to marriage validity (where applicable) and potential perjury exposure.