Does an Affidavit of Cohabitation Expire? (Philippine Context)

Last updated: 16 September 2025. This is general information, not legal advice.

Short answer

There is no statute in the Philippines that makes a notarized Affidavit of Cohabitation “expire.” An affidavit is a sworn statement about facts as of the date it was executed; it doesn’t automatically lapse.

However, offices that receive it (local civil registrars, courts, government agencies, insurers, banks, employers, embassies) may impose their own freshness rules (e.g., “executed within the last 3–6 months” or “within 1 year”). If the transaction requires a current statement of your living arrangement, you’ll often be asked for a newly executed affidavit.

What the Affidavit of Cohabitation is (and isn’t)

What it is: A sworn, notarized statement by one or both partners asserting that they have been living together as husband and wife (or domestic partners), usually stating how long, where, and that they are free to marry (if applicable).
What it isn’t: It does not create a marriage or legal “spouse” status. It also doesn’t by itself grant property, inheritance, or pension rights. It is evidence, not a right-creating document.

Common uses in the Philippines

Marriage without a license (Article 34, Family Code). Couples (a man and a woman under the current statute) who have cohabited for at least five (5) years and have no legal impediment may marry without a marriage license. A “Joint Affidavit of Cohabitation” is typically required by the Local Civil Registrar (LCR) and the solemnizing officer to document those facts.
- Expiry? None by law, but LCRs usually want it executed close to the wedding date to show the facts are current.
Benefits and administrative matters. Some private employers, insurers, HMOs, banks, and occasionally government bodies may accept an Affidavit of Cohabitation as supporting proof of a common-law relationship (e.g., adding a partner as a dependent, hospital authorizations, next-of-kin declarations).
- Expiry? Policies vary. Many ask for affidavits issued within the last 3–6 months and may require additional proof (joint bills, IDs at the same address, children’s birth certificates, barangay certifications).
Court filings / evidence. Parties sometimes submit such affidavits in annulment, nullity, property partition, or custody cases to establish living arrangements and timelines.
- Expiry? None. But judges weigh credibility, detail, and corroboration; a recent, specific affidavit carries more evidentiary weight than a stale, generic one.
Filipinos abroad. If you execute the affidavit outside the Philippines, it usually must be consularized at a Philippine Embassy/Consulate or apostilled (if the country is an Apostille Convention member) after notarization in that country, before Philippine offices will accept it.

The Article 34 marriage angle—key points

Substance over form. The truth of the five-year cohabitation and absence of legal impediment is what the law requires. The affidavit does not “cure” a lack of five years or an existing impediment (e.g., one party still married to someone else).
Continuity. “Five years” is commonly understood as continuous cohabitation before the wedding. Temporary absences for work or travel usually don’t break continuity if the couple maintained a single household and relationship.
Timing. Even though there’s no statutory validity window, best practice is to execute the joint affidavit shortly before the wedding and attach any LCR-required documents (IDs, CENOMARs, birth certificates, pre-marriage counseling certificates, etc.).
Risk of false swearing. Misstatements can render the marriage void for lack of a license and may expose signatories (and even the solemnizing officer) to criminal/administrative liability.

So…when do you need a “new” affidavit?

If the receiving office says so. Follow their recency rule (e.g., “dated within 6 months”).
If your facts have changed. New address, start date, or circumstances? Execute a new one.
If reusing for a different purpose. An affidavit written “for Employer X HMO enrollment” might not be accepted by LCR or Bank Y. Tailor it to the transaction.

Notarization essentials (Philippines)

Sign in person before a notary, bringing government-issued IDs.
Each affiant should sign; for a joint affidavit, both appear before the notary.
If executed abroad, expect consularization or apostille formalities.
Keep originals and photocopies; many offices take a photocopy but want to see the original.

Perjury and falsification risks

Affidavits are made under oath. Knowingly false statements may constitute perjury and/or falsification under the Revised Penal Code, with fines/imprisonment and possible civil consequences (e.g., denial of claims, void marriages, adverse findings in court). When in doubt, consult counsel.

Property relations of cohabiting partners (why the affidavit can still matter)

Article 147 (no legal impediment) and Article 148 (with legal impediment) of the Family Code govern how property acquired during cohabitation is treated (generally, forms of co-ownership, with big differences depending on whether there’s an impediment).
An Affidavit of Cohabitation does not establish your property regime by itself, but it can support timelines (when the union began, who contributed, etc.) in later disputes.

Practical checklist

Clarify your purpose. (Art. 34 marriage? HMO enrollment? Bank, insurer, or court?)
Ask the receiving office about any recency requirement (e.g., 3–6 months).
Gather corroboration:
- IDs showing the same address
- Barangay certifications of residence/cohabitation
- Birth certificates of common children
- Bills/leases in both names or jointly paid
- Photos/communications (if needed for litigation)
Prepare the affidavit tailored to the purpose.
Appear before a notary (or consular officer abroad) with valid IDs.
Keep copies and bring the original when filing.

Sample: Joint Affidavit of Cohabitation (Philippines)

JOINT AFFIDAVIT OF COHABITATION

We, [Name of Partner A], of legal age, [citizenship], [civil status], with residence at [complete address], and [Name of Partner B], of legal age, [citizenship], [civil status], with residence at [complete address], after having been duly sworn in accordance with law, depose and state that:

We have continuously cohabited as husband and wife at [address/es] since [start month/day/year], and as of today have been living together for [X years and Y months].

We are both free to marry; there exists no legal impediment between us.

[If applicable:] We have the following common child/ren: [Name/s, birthdates].

This affidavit is executed to [state purpose: e.g., support our marriage under Article 34 of the Family Code / enroll a dependent / support a claim / submit to (office/agency)].

We attest that the foregoing statements are true and correct of our personal knowledge.

IN WITNESS WHEREOF, we have hereunto set our hands this [date] in [city/municipality, province], Philippines.

[Name of Partner A] Government-issued ID: [Type, No., Date/Place of Issue]

[Name of Partner B] Government-issued ID: [Type, No., Date/Place of Issue]

JURAT / ACKNOWLEDGMENT SUBSCRIBED AND SWORN to before me this [date] at [place], affiants having exhibited the above IDs. Doc. No. ____; Page No. ____; Book No. ____; Series of ____.

Tip: Some LCRs and agencies have their own templates—if they do, use those forms.

FAQs

1) Does a 2019 affidavit still “work” today? Legally it still exists, but most offices will want a recent one for current transactions. Execute a new affidavit.

2) We paused living together for a year due to overseas work—do we still meet the five-year rule? Continuity is a fact question. If you maintained the relationship and single household (despite physical distance), many LCRs may still accept it. When in doubt, document the circumstances and seek legal advice.

3) Can same-sex partners use this affidavit for Article 34 marriage? Article 34 (as currently written and applied) refers to a man and a woman. The affidavit can still be used for non-marriage purposes (e.g., employer benefits), subject to each institution’s policy.

4) Can we “backdate” to hit five years? No. That is perjury and could invalidate a marriage or claim and expose you to liability.

5) Do we need witnesses? The affidavit doesn’t require witness signatures by law, but some offices ask for a Joint Affidavit of Two Disinterested Persons to corroborate cohabitation. Check with the receiving office.

Key takeaways

No automatic expiry by law.
Usefulness is time-sensitive because offices want recent, truthful statements.
For Article 34 marriages, the actual facts of five-year cohabitation and no impediment control—not the paper.
When in doubt, execute a fresh affidavit, attach corroboration, and follow the receiving office’s checklist.

If you want, tell me who you’ll file this with (LCR, employer, insurer, bank, etc.) and I can tailor the affidavit’s wording and a mini-checklist for that specific office.