(Family Code guide to Article 34 marriages, the standard marriage license process, and the legal risks of using the wrong route.)

1) The basic idea

In Philippine law, a marriage license is the general rule and a formal requisite of a valid marriage. An affidavit of cohabitation is not an alternative “shortcut” to get married anytime—it is a very narrow exception under the Family Code (Article 34) that applies only to couples who meet strict requirements.

A crucial point often misunderstood: An affidavit of cohabitation does not create a marriage by itself. It only serves as part of the paperwork to exempt qualified couples from obtaining a marriage license, but a valid marriage still requires an authorized solemnizing officer and a proper marriage ceremony and registration.

2) Marriage license: what it is and why it matters

A. Legal role

Under the Family Code, the marriage license is a formal requisite of marriage (along with authority of the solemnizing officer and the marriage ceremony). When a marriage is solemnized without a valid marriage license and the couple is not legally exempt, the marriage is generally void from the beginning.

B. Purpose (policy rationale)

The marriage license system is designed to ensure:

the parties have legal capacity (age, no existing marriage, not within prohibited degrees of relationship, etc.),
required consents/advice (for certain ages) are addressed,
there is public notice (posting) to allow objections if a legal impediment exists,
and civil registry documentation is properly tracked.

C. Where to apply (general rule)

Application is filed with the Local Civil Registrar (LCR) of the city/municipality where either contracting party has resided for at least six months immediately before the application.

D. Typical steps and timelines

While local requirements vary, the Family Code framework commonly works like this:

Personal appearance and application at the LCR
Submission of required documents (see below)
Posting/publication of the application for 10 consecutive days
Payment of fees and completion of any required counseling/seminars (where applicable by law or local ordinance)
Issuance of the marriage license after compliance
The license is typically valid for 120 days from issuance and usable anywhere in the Philippines during that period.

E. Common documentary requirements (Family Code anchors)

Proof of identity and age (commonly PSA birth certificate or equivalent records; if unavailable, allowed substitutes exist)
For parties who were previously married: proof that the prior marriage was ended (death certificate of spouse, final decree/judgment and registration where relevant)
Parental consent for ages 18–21; parental advice for 21–25
For ages 18–25, completion of required pre-marriage counseling (as contemplated by the Family Code framework)
If either party is a foreign national, a certificate of legal capacity to contract marriage is typically required in license processing (and capacity must exist in fact even where a license is not required).

F. “Defects” versus “absence”

A practical distinction:

Absence of a license (when no exemption applies) is legally fatal and commonly results in a void marriage.
Irregularities in how the license was processed (e.g., mistakes, procedural lapses) are often treated differently from total absence; they can expose officials/parties to liability, but the effect on validity depends on the nature of the defect. The safest compliance posture is always to treat the license process as strict and complete.

3) Affidavit of Cohabitation (Article 34): what it is—and what it is not

A. The Article 34 exemption in one sentence

No marriage license is required for a marriage between a man and a woman who have lived together as husband and wife for at least five (5) years and without any legal impediment to marry each other, provided they execute the required sworn statements and the solemnizing officer makes the required sworn certification of having ascertained the absence of impediments.

B. What the affidavit does

An Article 34 affidavit is used to:

prove the factual basis for license exemption (five-year cohabitation + no legal impediment), and
serve as a required document attached to the marriage record.

C. What it does not do

It does not:

turn a live-in relationship into a marriage without a ceremony,
“legalize” a relationship for all purposes the way a marriage does,
cure legal impediments (e.g., an existing marriage, prohibited relationship, minority).

D. The two sworn components under Article 34

Sworn affidavit by the contracting parties stating:
- they have lived together as husband and wife for at least five years, and
- they have no legal impediment to marry each other.
Sworn statement by the solemnizing officer that:
- the officer ascertained the parties’ qualifications and
- found no legal impediment to the marriage.

This means Article 34 is not merely “self-declaration.” The solemnizing officer is legally expected to do due diligence, not simply rely on what the parties say.

4) Strict requirements for Article 34 (where many couples fail to qualify)

A. “At least five years” means continuous, real cohabitation

The five-year period is generally understood in practice as:

continuous and substantial cohabitation, and
a relationship conducted as husband and wife, not merely dating or intermittent stays.

B. “No legal impediment” must exist for the relevant period

“No legal impediment” is the biggest hurdle. Common impediments include:

either party is still married (no final annulment/nullity, or prior marriage not legally ended),
either party was below 18 at any point relevant to legal capacity,
parties are within prohibited degrees of relationship,
other disqualifications recognized by marriage law.

A critical practical consequence: if an impediment existed during the claimed five years (for example, one party’s prior marriage was still subsisting for part of that time), the couple typically cannot rely on Article 34 as written.

C. Article 34 is not designed for speed or convenience

It is a narrow policy exception aimed at long-term cohabiting couples. Using it simply to avoid the posting period, fees, or documentation is precisely the kind of misuse that creates future legal vulnerability.

5) Side-by-side comparison

Topic	Marriage License (General Rule)	Affidavit of Cohabitation (Article 34 Exemption)
Who uses it	Almost all couples marrying	Only couples who meet strict Article 34 conditions
Key requirement	LCR issues a valid license after compliance	Five-year cohabitation + no legal impediment
Public notice	Requires posting for 10 days	No license posting because no license is issued
Documents	Standard license documentary set	Sworn affidavit by parties + sworn certification by solemnizing officer (often with supporting proofs requested by LCR/solemnizer)
Risk if wrongly used	Usually none if properly obtained	If conditions are not truly met, marriage may be treated as void for lack of license
Does it create marriage by itself?	No	No

6) What happens if the wrong route is used

A. If there is no marriage license and Article 34 does not actually apply

The marriage is commonly treated as void from the beginning because a required formal requisite (license) is missing and no valid exemption exists.

B. Consequences of a void marriage can be severe

Depending on the situation, consequences can include:

the need for a judicial declaration of nullity before either party can validly remarry,
complications in inheritance, property relations, and benefits,
disputes about surname use, tax/benefit recognition, and civil status records,
issues involving the status of children, with legitimacy questions governed by the Family Code’s specific rules (which vary depending on the ground of nullity and circumstances).

C. Potential liabilities for false affidavits

Executing a sworn affidavit containing false statements can expose individuals to criminal liability for offenses involving false statements under oath, and can create administrative or other liabilities for involved officials depending on the circumstances.

7) Practical indicators of qualification (and non-qualification)

Strong indicators a couple may qualify under Article 34

Both parties are clearly of legal age and have been free to marry each other throughout the period
Long, consistent co-residence with corroborating evidence (addresses, leases, utility bills, children’s school records showing same household, etc.)
No prior subsisting marriages or unresolved marital records

Red flags that usually push a couple back to the marriage license route

Living together for less than five years
Either party had a recent annulment/nullity or a complicated marital history that overlaps the five-year window
Prior marriage issues not clearly documented/registered
Long-distance arrangements with only intermittent cohabitation
Any uncertainty about legal capacity

8) Registration and documentation after the ceremony (both routes)

Whether married via a standard license or via an Article 34 exemption:

The marriage still requires a proper ceremony before an authorized solemnizing officer with witnesses.
The marriage contract must be registered with the Local Civil Registrar within the period required by civil registry rules (the Family Code places this duty on the solemnizing officer, with longer allowance for remote-area situations).

9) Common misconceptions corrected

“We’re live-in, so we’re automatically married.” Philippine law does not recognize “common-law marriage” as automatic marriage.
“The affidavit is a substitute for marriage.” It is only part of a license exemption process. No ceremony = no marriage.
“Any affidavit of cohabitation will do.” Article 34 requires specific sworn statements and is applied strictly; generic cohabitation affidavits used for other purposes do not automatically qualify couples for license exemption.
“We can just declare five years even if it’s less.” If challenged and found untrue, the marriage can be treated as void for lack of a required license, aside from exposure from false sworn statements.

10) Bottom line

A marriage license is the default, legally safest route for most couples. An Affidavit of Cohabitation under Article 34 is a narrow exception that applies only when the couple can truthfully establish (1) at least five years of living together as husband and wife and (2) no legal impediment to marry each other, together with the required sworn participation of the solemnizing officer. Misusing Article 34 can place the validity of the marriage at long-term risk.