1) What an Affidavit of Cohabitation is (and what it isn’t)

An Affidavit of Cohabitation is a sworn written statement, usually executed by two people living together as partners, declaring facts about their cohabitation—such as how long they have lived together, where, and in what capacity (as common-law partners, live-in partners, or domestic partners).

What it is

Evidence (not conclusive proof) that you and your partner live together and have been living together for a stated period.
A document often requested for benefits, applications, and records where a “spouse” is not available or where an agency accepts a “partner” if cohabitation is shown.
A common supporting document for marriage-license exemption under specific circumstances (explained below).

What it is not

Not a marriage contract. It does not create a valid marriage, even if you’ve cohabited for decades.
Not a substitute for legal requirements of marriage, annulment, or legal separation.
Not an automatic grant of inheritance rights, legitimacy of children, or benefit entitlements. Agencies and courts treat it as one piece of evidence that may still need corroboration.
Not a cure for legal impediments (e.g., if one party is still married, an affidavit cannot “fix” that).

2) Legal context in the Philippines: cohabitation and the Family Code

The Philippines does not recognize “common-law marriage” as a form of marriage. However, Philippine law recognizes that people do live together without being married, and it assigns legal consequences to certain cohabiting relationships—especially for property relations.

Two Family Code frameworks commonly discussed in cohabitation issues:

A. Property relations when both parties are free to marry (often associated with Family Code principles on unions without marriage)

If two people live together as husband and wife and are not legally barred from marrying each other, the law generally treats property acquired during the union under rules that can resemble a co-ownership regime (the exact treatment depends on contributions and circumstances).

B. Property relations when there is a legal impediment (e.g., one party is married to someone else)

Where a party is legally disqualified to marry (such as a subsisting prior marriage), the law typically applies stricter rules, and the share in property may depend more directly on actual contributions, with additional limitations.

Why this matters for the affidavit: some affidavits include statements like “we are free to marry” or “there is no legal impediment” because certain uses—especially the marriage-license exemption—depend on that.

3) The most important “special use”: marriage without a marriage license (the 5-year cohabitation rule)

One frequent reason people are asked for an Affidavit of Cohabitation is when they plan to marry without first securing a marriage license under a specific exemption commonly associated with five (5) years of continuous cohabitation.

Typical requirements in practice (high-level)

The couple must have lived together as husband and wife for at least five (5) years.
They must be free to marry each other throughout that period (no legal impediment).
They execute an affidavit attesting to these facts, usually for presentation to the solemnizing officer (judge, priest/minister/imam authorized, etc.).

Practical caution

This exemption is commonly scrutinized. A sloppy affidavit, inconsistent dates, or an untrue “no impediment” statement can expose the parties to:

Administrative issues (refusal by solemnizing officer),
Legal risks (marriage validity questions), and/or
Criminal exposure if falsehoods are intentional (e.g., perjury or falsification issues, depending on circumstances).

If your purpose is specifically marriage-license exemption, the affidavit should be drafted carefully and should match your actual facts and supporting documents.

4) Common real-world situations where an Affidavit of Cohabitation is requested

Requirements vary by office, employer, insurer, bank, LGU, or embassy. In the Philippines, an Affidavit of Cohabitation is often requested for:

A. Benefits and membership (examples)

Employer-provided benefits (HMO enrollment, dependent coverage, company benefits)
Insurance (life/health) beneficiary or dependent declarations
Housing/loan applications where household composition must be established
Some government or quasi-government processes where “partner” status may be accepted (policies differ)

B. Immigration / travel / embassy-related filings

Proof of relationship for certain visa categories, sponsorships, or cohabitation-based recognition (requirements differ widely by country and consulate).
Often submitted with other evidence: joint bills, lease contracts, photos, remittances, messaging logs, etc.

C. Banking, property, and transactions

Some banks request it for joint accounts, authorized signatory, or to establish relationship for internal compliance (varies).
Sometimes used in property transactions as supporting proof of household relationship—though it does not replace titles, marital documents, or legal authority.

D. School, medical, and local documentation

School or hospital forms asking for “guardian/partner” relationship
Barangay certifications sometimes accompany the affidavit (not a legal substitute but may support your claim)

E. Court or administrative proceedings (limited and case-specific)

It may be offered as evidence in disputes involving support, custody contexts, property claims, or violence-related proceedings, but its weight depends on overall evidence and legal issues.

5) Who executes it, and whether witnesses are needed

Who signs

Usually both partners sign the affidavit as affiants.

Witnesses

Many notaries do not require separate witnesses if both affiants sign and appear.
Some agencies prefer or require two disinterested witnesses who can swear they know the couple lives together. This is policy-based, not a universal legal requirement.

Notarization is key

An affidavit has little practical value unless it is properly notarized. Notarization:

administers the oath,
confirms personal appearance, and
requires presentation of competent proof of identity.

6) What it should contain: the essential contents checklist

A good Affidavit of Cohabitation is clear, specific, and aligned with its purpose. Typical contents include:

A. Title and introductory portion

“AFFIDAVIT OF COHABITATION”
Venue: “Republic of the Philippines) City/Municipality of ___ ) S.S.”
Names of affiants with:
- full legal names
- age
- civil status (single, divorced abroad with recognition issues, etc.—be accurate)
- citizenship
- current address

B. Statement of relationship and cohabitation facts

That the parties are living together as partners (often phrased as “as husband and wife” in the colloquial sense, but be careful not to imply a legal marriage if not married)
Exact address where they cohabit
Start date (month/day/year if possible) and a statement of continuous cohabitation
Prior addresses (optional but helpful if the period spans multiple residences)

C. Purpose clause (very important)

State why the affidavit is being executed, e.g.:

“for HMO dependent enrollment,”
“for insurance documentation,”
“for bank requirements,”
“for presentation to the solemnizing officer in connection with marriage under the cohabitation-based exemption,” etc.

D. Statements that depend on purpose (include only if true and relevant)

Depending on the use-case, the affidavit may include:

For marriage-license exemption purposes:

That the parties have cohabited for at least five (5) years
That they are free to marry each other and have had no legal impediment during the entire period
That they have lived together exclusively as partners (as applicable)

For benefits/immigration/supporting evidence purposes:

Household setup (shared expenses, joint residence)
Shared financial responsibilities (rent, utilities, groceries)
Details of children (names and birth dates), if relevant and accurate
Confirmation that documents (lease, bills) are in one or both names, if applicable

E. IDs and signatures

A line indicating each affiant presented a valid government ID (common notarial practice)
Signatures over printed names
Date and place of signing

F. Jurat / Notarial acknowledgment portion

The notary’s jurat (sworn before me…)
Notarial details (commission number, PTR, IBP, roll, book/page/series, depending on notary format)

7) Supporting documents that commonly strengthen the affidavit

Because an affidavit is still a statement, many offices look for corroboration. Often-used supporting documents include:

Lease contract or proof of shared residence
Utility bills showing the same address (electricity, water, internet)
Barangay Certificate of Residency or Certificate of Cohabitation (if issued; supportive but not determinative)
Government IDs showing the same address (when available)
Birth certificates of children (if relevant)
Photos over time, travel records, remittances, chat logs (more common for immigration contexts)
Joint bank account statements or proof of shared financial responsibilities (if available)

Only include documents that are authentic and consistent with your stated dates and address.

8) Where to get it done: practical steps in the Philippines

Draft the affidavit (tailored to your purpose).
Prepare valid IDs for both parties (and witnesses if required by the requesting office).
Go to a notary public and personally appear to sign and take the oath.
Request certified true copies if the receiving office requires multiple submissions.
Keep a scanned copy and note the notarial details for reference.

9) Legal risks and common pitfalls

A. Perjury and false statements

An affidavit is sworn. If you knowingly state something false—especially about marital capacity, dates, or identity—you may expose yourself to criminal or administrative consequences.

B. “Free to marry” is not a casual phrase

People sometimes include “we are free to marry” as boilerplate even when one party has:

a subsisting marriage,
a pending annulment,
a foreign divorce not properly addressed in Philippine records, or
other impediments.

If the affidavit is for marriage-license exemption, incorrect statements here are particularly risky.

C. Inconsistent timelines and addresses

Mismatch between the affidavit and your documents (lease dates, IDs, children’s birth records) is a common reason for rejection.

D. Overpromising legal effects

Avoid language that implies the affidavit:

creates a marriage,
automatically establishes inheritance rights, or
overrides formal civil registry records.

10) Sample structure (template-style language)

Below is a commonly acceptable structure. This is a format example and must be edited to match your facts and purpose:

AFFIDAVIT OF COHABITATION

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

We, [Name of Partner 1], of legal age, [civil status], [citizenship], and residing at [address], and [Name of Partner 2], of legal age, [civil status], [citizenship], and residing at [address], after having been duly sworn, depose and state:

That we are live-in partners and have been cohabiting continuously at [complete address] since [date].
That we share a common household and jointly attend to our daily living expenses and obligations.
(If for marriage-license exemption and true) That we have lived together as husband and wife for at least five (5) years, and throughout said period, we have had no legal impediment to marry each other.
(Optional) That we have the following child/children: [names, birthdates].
That we are executing this Affidavit to attest to the truth of the foregoing and for the purpose of [state exact purpose / office requirement].

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

[Signature] ___________________ [Name of Partner 1]

[Signature] ___________________ [Name of Partner 2]

SUBSCRIBED AND SWORN to before me this ___ day of __________ 20___ in __________, affiants exhibiting to me their competent evidence of identity: [ID type and number, issuance details].

(Notarial Jurat)

11) Related documents often confused with an Affidavit of Cohabitation

Barangay Certificate of Cohabitation / Residency: a local certification; helpful as support but not a sworn affidavit unless executed as one.
Affidavit of Support / Undertaking: about financial support, not cohabitation.
Joint Affidavit of Two Witnesses: sometimes used when third parties attest to your cohabitation.
Marriage License Application / Certificate of No Marriage (CENOMAR): civil registry documents, different purpose entirely.

12) Key takeaways

An Affidavit of Cohabitation is a sworn proof-of-fact document, commonly used for benefits, applications, and relationship proof.
It is especially significant when used for the five-year cohabitation basis sometimes invoked for marriage without a license, where accuracy and eligibility are critical.
The affidavit should be purpose-specific, truthful, and consistent with supporting records.
Proper notarization and competent IDs are essential.

This article is for general information in the Philippine context and is not a substitute for advice from a lawyer who can evaluate your specific facts—especially if the affidavit will be used for marriage-license exemption, property disputes, or any situation involving possible legal impediments.