Affidavit of Cohabitation in the Philippines—A Comprehensive Legal Guide (with Overseas Partner Scenarios)

1. What an Affidavit of Cohabitation Is

An Affidavit of Cohabitation (AoC) is a sworn, notarised statement—usually executed jointly by a couple—attesting that:

Core Declarations	Typical Details Included
Continuous co-residence	Exact date cohabitation began, current address/es
Exclusivity	Statement that neither partner is legally married to anyone else (or, if married, that the prior marriage is void or legally dissolved)
Common children (if any)	Full names, birthdays, PSA birth‐certificate numbers
Property/financial pooling	Acknowledgement that they “live as husband and wife” and share expenses
Purpose clause	(e.g. “for submission to the SSS/PhilHealth/Embassy of…”)

The document is governed by general rules on affidavits (Rule 132, Rules of Court; 2004 Notarial Rules) and has no self-executing effect—its legal power depends on the statute, regulation, or foreign law under which it is presented.

2. Domestic Legal Framework

Relevant Source	Key Take-aways
Family Code, Arts. 147–148	Defines property relations of couples “living as husband and wife without a valid marriage.” The AoC is widely used to prove that a relationship falls under these articles.
Civil Code, Art. 162	Allows “any person of legal capacity” to execute an affidavit regarding facts within their knowledge—basis for an AoC.
Notarial Law (R.A. 2103; 2004 Rules)	Requires personal appearance, competent evidence of identity, and a signed jurat/acknowledgment.
Government-benefit regulations (SSS, GSIS, PhilHealth, Pag-IBIG)	Each agency accepts an AoC (with supporting IDs, barangay certificates) to recognise a “common-law spouse” for claims and enrolment.
Judicial practice	Courts may treat a joint AoC, backed by corroborating evidence (utility bills, joint bank accounts, testimonies), as persuasive proof of cohabitation in intestate succession, labor claims, and tort suits.

Important: An AoC does not create a marriage. It merely evidences a factual relationship that the law may attach consequences to (property sharing, support obligations, beneficiary status).

3. Legal Effects When One Partner Is Overseas

3.1. Execution Abroad

Before a Philippine Consular Officer – Treated as a notarised Philippine document on Philippine soil (Vienna Convention on Consular Relations).
Before a Local Notary + Apostille – Since 14 May 2019 the Philippines is an Apostille Contracting State; an apostillised AoC executed abroad is admissible in Philippine proceedings without further authentication.

3.2. Use in Foreign Immigration / Family-Class Applications

Destination	Typical evidentiary value of a Philippine AoC
Australia (Partner visa, subclass 309/820)	Accepted as a “statutory declaration” equivalent; must be translated if not in English, certified true copy, plus joint financial proof.
Canada (Spousal/Common-Law Sponsorship)	Treated as secondary proof of a 12-month common-law union; Immigration, Refugees and Citizenship Canada (IRCC) still requires joint tenancy or joint bills.
EU / Schengen Member	May support “durable partner” status under Directive 2004/38/EC if accompanied by documentary evidence of shared life (rent contract, travel history).
US (K-1 fiancée, CR-1 spousal)	Not accepted in lieu of marriage. For K-1 visa the couple need only prove intent to marry, but an AoC can help show bona fides.

Always check host-country regulations; some jurisdictions require a local statutory declaration rather than a foreign AoC.

4. Common Philippine Uses

SSS / GSIS / Pag-IBIG / PhilHealth: To enrol or claim as “common-law spouse” where one partner works abroad.
Life-insurance proceeds: Added to claimant’s proof that the insured designated “partner” intends the common-law spouse.
Estate settlement: To invoke Art. 147 property rights in intestacy if the deceased partner died overseas.
Legitimation or late civil registration of a child when parents are not married.
Bank withdrawals under survivorship agreements (Bank may request an AoC plus PSA records).

5. Drafting Checklist

TITLE: JOINT AFFIDAVIT OF COHABITATION
PERSONAL DETAILS: Full names, citizenship, birthdates, passport/ID numbers, civil status.
ATTESTATION CLAUSES:
  a. We have lived together continuously since (exact date) at (address/es).
  b. We are free to marry / prior marriages dissolved on (date) docket no. (if any).
  c. Children: (list).
  d. We share household expenses and present ourselves publicly as husband and wife.
PURPOSE: For presentation to (agency/embassy).
SIGNATORY BLOCKS: Both partners sign.
ACKNOWLEDGMENT/JURAT: Signed before notary or consular officer.
ATTACHMENTS: Barangay certification of cohabitation, IDs, utility bills, child’s birth certificates.

Tip: If one partner is abroad, sign separately and attach a Special Power of Attorney authorising the resident partner to file documents.

6. Evidentiary Weight & Limitations

Scenario	Weight of an AoC	Caveats
Administrative claims (SSS, etc.)	Usually sufficient if joint and backed by barangay certificate.	Agencies may still conduct field verification.
Criminal bigamy defence	Weak; AoC cannot cure absence of a valid divorce/annulment.	Misuse may expose affiants to perjury (Art. 183, Revised Penal Code).
Civil property partition under Art. 147	Considered prima facie proof of the “cohabitation period.”	Courts look for corroborating proof (co-mortgage, neighbours’ testimonies).
Overseas partner visa	Helpful but never standalone.	Must comply with foreign evidentiary rules.

7. Risks & Compliance Tips

Accuracy – False statements expose signatories to perjury and possible deportation from host countries.
Dual signing – A joint affidavit carries more weight than a solo affidavit alleging cohabitation.
Consistency – Ensure dates in the AoC match passports, tenancy contracts, airline stamps.
Apostille / Consularisation – Secure this before sending the document home; Philippine agencies will refuse foreign notarisation without apostille.
No substitute for marriage – Some benefits (e.g., legitimation of a child, full intestate share) still require a valid marriage or court declaration.

8. Frequently Asked Questions

Question	Short Answer
Can an AoC be used to change my civil status on my PSA birth certificate?	No. Only a court decree of annulment/nullity or a marriage certificate can do that.
Is a barangay certificate alone enough?	For many agencies you need both the barangay certificate and a notarised AoC.
Must we live under one roof continuously?	Temporary overseas deployment does not break cohabitation if intent to live together remains and you maintain joint finances.
Will the BIR consider my partner as “dependent spouse” for tax?	No. The NIRC recognises only legal spouses.
Can we back-date the start of cohabitation?	You may state the truthful date; back-dating without proof risks perjury.

9. Practical Steps for OFW & Foreign Partners

Draft the AoC; email a Word/PDF draft to the partner abroad.
Each partner appears before a competent notary—Philippine Consulate for the OFW; local notary + apostille for the foreign partner.
Courier originals to a single location; bind with supporting documents.
File with the requesting agency within 90 days of notarisation (many agencies deem affidavits “stale” after 3 – 6 months).
Keep several certified photocopies; embassies and banks rarely return originals.

10. Conclusion

An Affidavit of Cohabitation is a versatile but limited evidentiary tool. For Filipino couples—especially where one partner resides or works abroad—it provides a work-around to secure certain administrative benefits, establish property rights under Articles 147–148 of the Family Code, and support foreign visa petitions. Yet it does not create a marriage and cannot override prohibitions on bigamy or substitute for civil registration. Always draft the document meticulously, notarise or apostille it correctly, supply corroborating proof, and consult a Philippine lawyer or accredited migration agent for complex overseas applications.

(This article is for general guidance only and does not constitute legal advice. Laws and regulations may change; consult competent counsel for your specific situation.)