In the Philippines, marriage is generally governed by strict formal requirements, including the procurement of a marriage license. However, the law recognizes that long-term, stable relationships deserve a simplified path to legal union. The Affidavit of Cohabitation is the primary instrument used to invoke Article 34 of the Family Code of the Philippines, which allows a man and a woman to marry without a marriage license.
Legal Basis: Article 34 of the Family Code
The core of this provision is to legalize the union of couples who have lived together as husband and wife for a significant period, thereby protecting the legitimacy of their children and their property rights.
Under Article 34, no marriage license is necessary if the following conditions are met:
- Five-Year Cohabitation: The couple must have lived together as husband and wife for at least five years immediately preceding the date of the marriage.
- Exclusivity: The cohabitation must be "exclusive," meaning there was no third party involved during those five years.
- No Legal Impediment: Both parties must have had no legal impediment to marry each other during the entire five-year period of cohabitation.
Crucial Note: If either party was still legally married to someone else at any point during those five years (even if a divorce or annulment was later obtained), the "no legal impediment" requirement is not met, and the Affidavit of Cohabitation cannot be validly used.
The Requirements for the Affidavit
The Affidavit of Cohabitation is a sworn statement executed by the contracting parties. To be legally sufficient, it must contain:
- Personal Circumstances: Full names, ages, nationalities, and residence of both the man and the woman.
- Statement of Fact: A declaration that they have lived together as husband and wife for at least five years.
- Absence of Impediment: A declaration that they are not disqualified by any legal obstacle (such as an existing prior marriage, being under the age of 18, or being closely related by blood).
- Purpose of the Affidavit: A clear statement that the affidavit is being executed to comply with Article 34 for the purpose of marriage.
The Step-by-Step Process
To secure the affidavit and proceed with the marriage, couples generally follow these steps:
1. Preparation of the Document
The couple may draft the document themselves or seek the assistance of a notary public or a lawyer. It must be written in a language known to and understood by both parties.
2. Execution and Notarization
Both parties must personally appear before a Notary Public to sign the document under oath. The notary will verify their identities and ensure they are signing voluntarily.
3. Presentation to the Solemnizing Officer
Once notarized, the affidavit is presented to the Solemnizing Officer (e.g., a judge, priest, pastor, or imam). The officer has the legal duty to:
- Review the affidavit.
- Confirm the truthfulness of the statements through an interview or examination.
- Execute a sworn statement that they have verified the qualifications of the parties and found no legal impediment to the marriage.
4. Registration
After the wedding ceremony, the Affidavit of Cohabitation is attached to the Marriage Certificate and filed with the Local Civil Registrar (LCR) where the marriage was performed.
Common Misconceptions and Legal Risks
| Issue | Clarification |
|---|---|
| "Broken" 5 Years | The five-year period must be continuous and immediate. Gaps in cohabitation reset the clock. |
| Age Requirement | Both parties must be of legal age (18). One cannot use the 5-year rule to bypass parental consent if they are under 21. |
| Falsification | Providing false information in the affidavit constitutes Perjury and may lead to the marriage being declared void ab initio (from the beginning). |
Administrative Fees
While the marriage license fee is waived, couples should expect to pay for:
- Notarial Fees: Varies depending on the notary public.
- LCR Filing Fees: Minor administrative fees for registering the marriage certificate.
- CENOMAR: Most solemnizing officers will still require a Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority (PSA) to verify there are indeed no legal impediments.