A “marriage without license via cohabitation affidavit” in the Philippines is really about one very specific exception in the Family Code: Article 34, which allows a couple who have been living together for at least five (5) years as husband and wife and without legal impediment to marry without obtaining a marriage license—provided they execute a joint affidavit.

Below is a comprehensive, structured explanation in Philippine legal context.

1. Legal Framework: Marriage & the Usual License Requirement

1.1. Essential vs. formal requisites of marriage

Under the Family Code of the Philippines, a valid marriage generally needs:

Essential requisites:

Legal capacity of the parties (a man and a woman, both at least 18 years old, and not disqualified by law, e.g., still married to someone else).
Consent freely given in the presence of the solemnizing officer.

Formal requisites:

Authority of the solemnizing officer (judge, priest/pastor/imam, mayor, ship captain in specific cases, etc.).
Valid marriage ceremony, where parties personally appear and declare they take each other as husband and wife in the presence of at least two witnesses of legal age.
Marriage license, except in specific cases where the Family Code expressly dispenses with it.

A defect in essential requisites usually makes the marriage void or voidable; absence of a formal requisite like the license (when required) usually makes the marriage void, except in cases where the law itself says no license is needed.

2. The Marriage License: General Rule & Exceptions

2.1. General rule

Ordinarily, a couple must obtain a marriage license from the Local Civil Registrar (LCR) of the city/municipality where either party resides, after submitting required documents and undergoing any mandatory seminars or counseling.

2.2. Statutory exceptions to the license

The Family Code provides some specific situations where no marriage license is required, for example:

Marriages in articulo mortis (at the point of death) in certain circumstances.
Marriages in remote places where no LCR is available under specific conditions.
Article 34 marriages: couples who have been living together as husband and wife for at least five years without legal impediment and execute a joint affidavit.

This last one (Art. 34) is what people usually refer to when they talk about “marriage without license via cohabitation affidavit.”

3. Article 34: Marriage Without License Based on 5-Year Cohabitation

3.1. The core rule

Under Article 34 of the Family Code (paraphrased):

A marriage license shall not be necessary when a man and a woman who have lived together as husband and wife for at least five (5) years and are not disqualified to marry each other execute a joint affidavit stating that they have so lived together and that they are not otherwise disqualified to marry each other. The marriage shall be solemnized by any person authorized to perform marriages.

In other words:

The license requirement is waived, but
All other requisites of a valid marriage still apply:
- proper authority of the solemnizing officer,
- valid ceremony,
- witnesses, etc.

3.2. Who can avail of an Article 34 marriage?

All of the following conditions must be met:

Man and woman The Family Code—still as written—defines marriage as between a man and a woman. Same-sex marriages are not recognized under current Philippine law.
At least 18 years old Parties must have legal capacity to marry (minimum age 18). Those between 18 and 21 historically needed parental consent; local practice may still require some form of parental consent/notification as part of civil registry procedures, but even in Art. 34 marriages, age requirements still apply.
Cohabitation for at least 5 years
- The parties must have lived together as husband and wife (i.e., a “live-in” relationship with marital intent, not just roommates or casual dating).
- The five-year period must be continuous in the legal sense—minor interruptions (e.g., short work trips) don’t usually break it, but it must be one sustained relationship, not an on-and-off arrangement added up.
No legal impediment at any time during the 5 years AND at the time of marriage
- This is critical. From the start of cohabitation, through the entire five-year period, until the marriage:
  - neither party should be married to someone else;
  - no incestuous or prohibited relationship (e.g., siblings, ascendant–descendant, etc.);
  - no other disqualifications (e.g., still within a prohibited period after widowhood in some specific contexts).
- If any legal impediment existed at any time during the five years, Art. 34 generally cannot be validly used.
Joint affidavit They must execute a joint sworn statement (commonly called a “cohabitation affidavit” or “affidavit of cohabitation”) declaring:
- they have lived together as husband and wife for at least five years; and
- they are not disqualified to marry each other.
Marriage still needs to be solemnized The affidavit does not itself make them married. It only replaces the license. They still need:
- an authorized solemnizing officer,
- a proper ceremony,
- two witnesses,
- registration of the marriage.

4. The “Cohabitation Affidavit”: Nature & Contents

4.1. What it is (in practice)

There is no magic phrase like “Cohabitation Affidavit” in the Family Code, but the law requires a joint affidavit. In practice, it is a notarized document often titled:

“Joint Affidavit of Cohabitation”
“Joint Affidavit of Live-in Relationship”
or “Affidavit Under Article 34 of the Family Code”

4.2. Typical contents

Common elements include:

Names, ages, addresses, and citizenship of the parties;
Statement that:
- they have lived together as husband and wife for at least five (5) years prior to the intended date of marriage;
- they have been free to marry each other from the start of cohabitation up to the present (no previous subsisting marriage, no prohibited relationship, etc.);
Date and place where they began cohabiting;
Declaration that they are executing the affidavit to avail of Article 34, allowing solemnization without a license;
Signatures of both parties;
Jurat: notarization by a notary public or solemnizing officer authorized to administer oaths.

Local civil registrars, parishes, or judges sometimes have their own standard forms.

4.3. Affidavit = sworn statement (risk of perjury)

Because the affidavit is sworn, false statements can lead to:

Perjury liability (making a false statement under oath); and/or
Falsification if the affidavit is used to mislead public authorities (e.g., LCR, solemnizing officer).

If the affidavit is untrue (e.g., they did not actually cohabit for 5 years, or one was actually still married to someone else), the marriage may be:

void for lack of a valid license (since you were not legally qualified to use the exemption), and
can expose the parties (and possibly the solemnizing officer, if complicit or grossly negligent) to legal and administrative consequences.

5. What “Marriage Without License” Is – and Is Not

5.1. It is still a regular, formal marriage

Once the requirements are met, the marriage is a regular, valid marriage under the Family Code, with the same legal effects as a marriage celebrated with a license, provided:

the Art. 34 conditions are truly met, and
the ceremony and solemnizing officer requirements are followed.

There is nothing “less valid” about a marriage done under Art. 34.

5.2. It is NOT:

Common-law marriage The Philippines does not recognize “common-law marriage” in the sense that mere long-term cohabitation automatically turns the relationship into a legal marriage without any ceremony or registration.
- Art. 34 still requires a formal ceremony and registration.
Marriage by affidavit alone The affidavit does not automatically make the parties married.
- Without a ceremony before an authorized solemnizing officer, it remains a live-in relationship, not a marriage.
A shortcut for couples who simply want to avoid paperwork Article 34 is not meant as a convenience tool; it is a narrow and strictly construed exception. Using it without truly meeting the conditions can result in a void marriage.

6. Procedure in Practice (General Outline)

Exact procedures can vary by city/municipality and by religious or civil authority, but generally:

6.1. Preparatory steps

Expect to be asked for documents similar to a license application, such as:

Birth certificates of both parties;
Valid IDs;
Possibly a Certificate of No Marriage (CENOMAR) or equivalent;
If either party is foreign:
- proof of legal capacity to marry according to their national law (often a consular certificate);
For previously married individuals:
- Death certificate of the prior spouse, or
- Annotated marriage certificate showing dissolution/annulment/declaration of nullity, etc.

Even though a license is not being obtained, many solemnizing officers and LCRs will require such documents to verify legal capacity.

6.2. Execution of the joint affidavit

Drafted and signed by both parties.
Sworn before a notary public or, in some setups, the solemnizing officer.
Often submitted along with other required documents to the solemnizing officer and/or LCR.

6.3. Pre-marriage counseling / seminars

Many local governments and religious organizations still require:

Pre-marriage counseling or seminars (e.g., family planning, responsible parenthood, etc.).

These requirements are often practical or local-administrative in nature, not directly from Article 34, but you usually cannot proceed without complying.

6.4. The ceremony

Performed by a judge, mayor, or religious minister (and other authorized persons under the Family Code);
Parties must:
- appear in person,
- declare their consent to take each other as husband and wife,
- in the presence of at least two witnesses of legal age;
Venue rules (e.g., within the judge’s jurisdiction, parish territory) generally still apply, subject to exceptions in the Family Code.

6.5. Registration of the marriage

After the ceremony:

The marriage certificate (often on PSA standard forms) is filled out and signed by:
- the spouses,
- the witnesses,
- the solemnizing officer.
The solemnizing officer or an authorized representative submits it to the LCR for registration.
The marriage is then forwarded for national recording and can later be obtained via the PSA.

If not registered, the marriage may still be valid (registration is generally proof, not a constituent element), but proof issues arise later.

7. Legal Effects of a Valid Article 34 Marriage

If all requirements are met and the marriage is valid, the legal effects are essentially the same as any valid marriage under the Family Code.

7.1. Property relations

For marriages celebrated after the effectivity of the Family Code (August 3, 1988) and without a marriage settlement:

The default property regime is absolute community of property, meaning:
- all properties owned by the spouses at the time of the marriage, and all those acquired thereafter (with enumerated exceptions), generally form one common mass.

If there is a prenuptial agreement, a different regime (e.g., complete separation or conjugal partnership of gains) may apply, as long as it was executed with the formalities required by law prior to the marriage.

7.2. Rights & obligations between spouses

Mutual support;
Mutual fidelity and respect;
Joint decisions on family residence and affairs (subject to specific rules on administration, parental authority, etc.).

Article 34 does not modify these; it just waives the license.

7.3. Children

Children conceived or born during a valid marriage are legitimate.
Legitimate children have full rights to:
- carry their father’s surname (with nuances under later laws),
- support, and
- inheritance (subject to rules on legitime and compulsory heirs).

If the marriage is later questioned and found valid, legitimacy remains intact; if found void, the rules on illegitimate children generally apply, except for specific cases like Article 36 (psychological incapacity) where the Family Code treats children as legitimate even if the marriage is void under that article.

7.4. Succession, benefits & other civil effects

A valid Article 34 marriage entitles spouses to:

Successional rights (inheritance as a spouse);
Benefits under:
- SSS, GSIS, Pag-IBIG, etc.,
- company benefits that require “legal spouse”;
Rights related to:
- medical decision-making in emergencies (as next of kin),
- spousal privileges (in certain legal contexts),
- immigration and visa applications where “legal spouse” is required, subject to foreign law.

8. What If Article 34 Is Misused or Its Conditions Are Not Actually Met?

This is where many problems arise.

8.1. Absence of true 5-year cohabitation or presence of a legal impediment

If:

the parties did not actually live together as husband and wife for a full five years; or
one of them was still married to someone else during part of the five-year period; or
they were within a prohibited degree of relationship; or
the affidavit was otherwise false,

then the Art. 34 exemption doesn’t truly apply.

Legally, this means the marriage may be treated as a marriage:

without a valid license, and
not covered by any valid exception.

Under the Family Code, such a marriage can be void for absence of a marriage license.

8.2. Consequences of a void marriage (lack of license)

If the marriage is void because the Art. 34 exemption was invalidly invoked:

Spousal status
- The parties are not legally spouses in the eyes of the law, despite any certificate issued.
Children
- Children of void marriages (other than those void under specific provisions like psychological incapacity) are generally illegitimate, meaning:
  - they are entitled to support and to illegitimate share in inheritance, but do not enjoy the full rights of legitimate children (unless covered by a specific exception in the Family Code).
Property between the parties
- Property acquired during the relationship is generally governed by rules on cohabitation (Articles 147 or 148 of the Family Code), not marital property regimes:
  - If both parties are free to marry and live together as husband and wife in good faith (but the marriage is void), Article 147 usually applies:
    - Wages and salaries, and properties acquired by both during the union are presumed co-owned in proportion to contributions (or equal, if not clear).
  - If one or both are in bad faith (e.g., knowingly in a bigamous relationship), Article 148 applies, which is less generous, particularly to the party in bad faith.
Third-party rights & benefits
- Employer or government agencies may deny “spousal” benefits if the marriage is declared void or clearly void on its face.
- Issues can arise in:
  - inheritance,
  - insurance,
  - immigration processes, etc.
Possible criminal liability
- Perjury or falsification for false affidavit;
- Bigamy if one party was still legally married to someone else at the time of the second marriage.

9. Cohabitation Without Marriage vs. Marriage via Art. 34

9.1. Pure cohabitation (no marriage at all)

When a couple simply live together without going through any marriage ceremony, they are:

Not married in law;
Governed by Articles 147 or 148 of the Family Code for property and some aspects of their relationship.

They may be referred to colloquially as “common-law” partners, but this has no technical meaning as a formal marriage under Philippine law.

9.2. Conversion to marriage using Art. 34

When such a couple meets the conditions and chooses to marry via Article 34:

They transition from a union in fact to a valid legal marriage from the date of the marriage ceremony.
Property acquired before the marriage (during cohabitation) is subject to cohabitation rules (Articles 147/148), while property after the marriage is governed by the applicable property regime (e.g., absolute community).

10. Foreigners, Mixed Marriages & Art. 34

When one party is foreign:

Local authorities often require proof that the foreigner is legally capable of marrying (under his/her national law). This can be:
- a consular Certificate of Legal Capacity to Contract Marriage, or
- equivalent documentation under their embassy’s practice.

Even though Article 34 waives the Philippine marriage license, it does not waive requirements about capacity. The solemnizing officer may refuse to proceed without sufficient proof.

Foreign law questions—like whether the foreigner’s home country will recognize such a marriage—are governed by that country’s laws.

11. Practical Tips & Common Misconceptions

11.1. Common misconceptions

“We’ve lived together for five years; we’re automatically married.”
- False. You are not married until you undergo a proper marriage ceremony and the other requisites are complied with.
“We can just sign an affidavit and we’re married.”
- False. The affidavit merely allows the solemnizing officer to marry you without a license. A formal ceremony is still required.
“Being married through Article 34 is weaker than ‘normal’ marriage.”
- False. If valid, it is just as valid and produces the same civil effects as a marriage with a license.
“As long as we reach 5 years before the ceremony, it doesn’t matter if we were not free to marry during some of that time.”
- False. The law expects that you were already free to marry each other from the beginning and throughout the entire 5-year cohabitation.

11.2. Practical advice

Get accurate legal guidance. If your situation is complicated (prior marriages, foreign elements, long separation, etc.), it is safer to consult a Philippine lawyer or local civil registrar before proceeding.
Be completely honest in the affidavit. Misstatements can later:
- invalidate the marriage,
- cause criminal liability,
- and create serious problems for property and children.
Keep records. Retain:
- notarized joint affidavit,
- marriage certificate,
- proof of capacity (CENOMAR, foreign consular documents),
- and any supporting documents. These can be vital if the marriage is later questioned.

12. Summary

“Marriage without license via cohabitation affidavit” in the Philippines is a legally recognized mechanism under Article 34 of the Family Code that allows a couple to marry without a marriage license if:

they are a man and a woman,
both at least 18,
have cohabited as husband and wife for at least five (5) years,
have been free to marry each other from the beginning and throughout those five years, and
execute a joint affidavit stating these facts,

followed by a valid marriage ceremony before an authorized solemnizing officer.

It is not a “marriage by affidavit” or automatic marriage by cohabitation alone. Done correctly, it results in a full, valid marriage with the same legal consequences as a licensed marriage. Done incorrectly (e.g., with false statements or existing legal impediments), it can result in a void marriage, with serious consequences for property, children’s status, and potential criminal liability.

For any specific situation, especially involving prior marriages or complex personal histories, it’s important to seek individualized legal advice from a Philippine lawyer or the local civil registrar.