An affidavit of cohabitation is a sworn written statement used to prove that two people have lived together as a couple. In the Philippines, people usually need it for one of two reasons: to support a marriage without a marriage license under Article 34 of the Family Code, or to show proof of a live-in relationship for a barangay, employer, school, bank, embassy, insurance company, hospital, or government office. The steps are simple on paper, but the details matter because a false or careless affidavit can affect a marriage, benefits claim, visa file, property dispute, or even expose the signer to perjury.

What Is an Affidavit of Cohabitation?

An affidavit is a written statement made under oath. The person signing it, called the affiant, swears that the facts stated in the document are true.

An Affidavit of Cohabitation usually states that:

the couple has been living together at a specific address;
they have lived together for a stated period;
they are publicly known as partners, spouses, or a family unit;
they may have children together, shared expenses, or shared household responsibilities;
in marriage-license-exemption cases, they have lived together as husband and wife for at least five continuous years and have no legal impediment to marry.

The most legally sensitive version is the Article 34 Affidavit of Cohabitation, used when a man and a woman want to marry in the Philippines without securing a marriage license because they have already lived together as husband and wife for at least five years. Article 34 of the Family Code says no license is necessary in that specific situation, but the parties must state those facts in an affidavit before a person authorized to administer oaths, and the solemnizing officer must also state under oath that he or she checked the parties’ qualifications and found no legal impediment. (Lawphil)

The Two Common Types of Affidavit of Cohabitation in the Philippines

Type	Common Purpose	Legal Effect
General Affidavit of Cohabitation	Proof of address, proof of relationship, employer benefits, school records, hospital authorization, visa support, insurance, barangay or private transactions	Evidence of facts stated, but does not create a marriage or automatically create spousal rights
Article 34 Affidavit of Cohabitation	Marriage without a marriage license after at least five years of qualifying cohabitation	May support a valid marriage without a license, but only if all legal requirements are strictly met

This distinction is important. A notarized affidavit saying “we live together” does not make a couple legally married. It also does not automatically give one partner the same inheritance, property, immigration, tax, or medical-decision rights as a lawful spouse.

For unmarried couples, Philippine law does recognize some property consequences in certain situations. Articles 147 and 148 of the Family Code deal with property acquired by people living together without marriage, but the rules depend heavily on whether both parties were legally capacitated to marry and whether property was acquired through joint effort or actual contribution. (Lawphil)

Legal Basis: Article 34 of the Family Code

Article 34 of the Family Code is the main legal basis people search for when they ask about an “Affidavit of Cohabitation for marriage.” It applies only when all of the following are true:

The parties are a man and a woman.
They have lived together as husband and wife.
The cohabitation lasted for at least five years.
The five-year period was continuous and immediately before the marriage.
They had no legal impediment to marry each other during that period.
They execute a sworn affidavit stating these facts.
The solemnizing officer personally checks their qualifications and executes the required sworn statement.

The Family Code also states that a valid marriage generally requires legal capacity, freely given consent, authority of the solemnizing officer, a valid marriage license unless exempt, and a marriage ceremony with the parties personally declaring that they take each other as husband and wife before the solemnizing officer and at least two witnesses of legal age. (Lawphil)

What “No Legal Impediment” Means

“No legal impediment” means there is no legal reason preventing the couple from marrying. Common impediments include:

one party is still legally married to someone else;
one party is below 18 years old;
the parties are within prohibited degrees of relationship, such as ascendants and descendants, siblings, or certain relatives by blood, adoption, or affinity;
the solemnizing officer has no authority;
a previous marriage has not been legally ended by death, a final court judgment of nullity or annulment, or a recognized foreign divorce where applicable.

Article 35 of the Family Code treats certain marriages as void from the beginning, including marriages by a party below 18, bigamous or polygamous marriages not covered by Article 41, and marriages solemnized without a license unless they fall under an exception such as Article 34. (Lawphil)

Republic Act No. 11596, enacted in 2021, also prohibits child marriage and imposes penalties for violations, so an affidavit cannot be used to validate a marriage involving a child. (Lawphil)

Supreme Court Guidance: The Five Years Must Be Real, Continuous, and Legally Qualified

The Supreme Court has been strict with Article 34 because it is an exception to the normal marriage license requirement.

In Niñal v. Bayadog, the Court explained that the five-year period should be counted immediately before the marriage and must be characterized by exclusivity and continuity. The Court said the cohabitation must be a union that would have been legal except for the absence of the marriage itself. If one party was still married to someone else during the supposed five-year period, the requirement is not met even if the couple had been living together in fact. (Supreme Court E-Library)

In Republic v. Dayot, the Court rejected the argument that a false affidavit of five-year cohabitation could still save the marriage. The Court held that because the couple did not actually meet the legal requirement, the marriage was celebrated without a license and without complying with the strict exception. (Supreme Court E-Library)

The practical lesson is simple: do not sign an Article 34 affidavit if the five-year requirement is not completely true. A barangay certificate, witnesses, photos, children together, or a long relationship cannot cure a false sworn statement if the legal requirements are missing.

Step-by-Step: How to Get an Affidavit of Cohabitation in the Philippines

1. Identify the exact purpose of the affidavit

Before drafting, be clear about why you need it. The wording changes depending on the purpose.

Common purposes include:

marriage without a marriage license under Article 34;
proof of live-in relationship for a barangay or employer;
dependent-beneficiary records;
visa or embassy support;
proof of shared residence;
school, hospital, or insurance documentation;
supporting evidence in a property, custody, or benefits matter.

For Article 34 marriages, use precise legal language: five years, continuous cohabitation, living together as husband and wife, and absence of any legal impediment.

2. Prepare the facts and supporting documents

A good affidavit is specific. Avoid vague statements like “we have been together for a long time.” State the start date, address, circumstances, and facts showing the relationship is public and continuous.

Useful supporting documents may include:

Document	Why It Helps
Valid government IDs	Required for notarization and identity verification
Barangay Certificate of Residency or Cohabitation	Supports shared residence
Lease contract, utility bills, or homeowners’ certification	Shows common address
PSA birth certificates of common children	Shows family relationship, if applicable
PSA CENOMAR or Advisory on Marriages	Helps show civil status
Death certificate, annulment/nullity decision, or recognized foreign divorce documents	Needed if previously married
Photos, remittance records, joint accounts, school records, or insurance forms	Helpful for private, visa, or benefits purposes

For marriage after previous marriages, be careful. A separation-in-fact is not enough. If a Filipino is still married, a later relationship cannot simply be converted into an Article 34 marriage by affidavit.

3. Draft the affidavit clearly

A proper affidavit usually contains:

title: “Affidavit of Cohabitation” or “Joint Affidavit of Cohabitation”;
names, ages, citizenship, civil status, and addresses of the affiants;
statement that the affiants are personally signing under oath;
start date of cohabitation;
complete shared address or addresses;
statement that the relationship has been continuous;
statement that the couple is publicly known as living together as partners or as husband and wife;
purpose of the affidavit;
for Article 34, a statement that both parties have no legal impediment to marry each other;
signature blocks;
jurat or notarial portion.

For Article 34, many solemnizing officers prefer a joint affidavit signed by both parties. Some also ask for supporting affidavits from neighbors, relatives, or barangay officials, even though Article 34 itself refers to the contracting parties’ affidavit.

4. Go to a notary public or authorized officer

In the Philippines, a notary public must verify identity and administer the oath. Under the 2004 Rules on Notarial Practice, a jurat involves personal appearance before the notary, identification through competent evidence of identity, signing in the notary’s presence, and taking an oath or affirmation.

Bring:

original valid IDs with photo and signature;
photocopies of IDs;
unsigned or ready-to-sign affidavit;
supporting documents, if the notary or receiving office asks to review them;
witnesses, if needed.

Do not ask someone else to sign for you. A notary is not allowed to notarize if the signatory is not personally present or properly identified, and a notary should refuse notarization if the act appears unlawful, the document is incomplete, or the signer does not appear to understand or freely sign the document.

5. Submit it to the office or person requiring it

Where you submit the affidavit depends on the purpose.

Purpose	Where It Usually Goes
Article 34 marriage	Solemnizing officer, and later marriage registration records
Barangay proof	Barangay hall or requesting institution
Employer benefits	HR or benefits administrator
Visa or immigration support	Embassy, visa center, or foreign authority
Insurance or bank records	Insurance company or bank
Hospital/school records	Hospital, school, or administrative office
Use abroad	DFA Apostille or foreign competent authority may be required

For marriages, Article 23 of the Family Code requires the solemnizing officer to furnish the parties the original marriage certificate and send duplicate and triplicate copies to the local civil registrar not later than 15 days after the marriage. (Lawphil) After registration, the couple may later request a PSA marriage certificate; PSA states that marriage certificate requests generally require the names of the spouses, date and place of marriage, requesting party’s details, number of copies, and purpose. (Philippine Statistics Authority)

Special Notes for Foreigners and Filipinos Abroad

If a foreigner will sign the affidavit in the Philippines

A foreigner signing an affidavit in the Philippines should bring a passport, ACR I-Card if applicable, and documents showing civil status. If the affidavit is for marriage, the solemnizing officer may ask for proof that the foreigner is free to marry, especially because Article 21 of the Family Code requires foreign citizens applying for a marriage license to submit a certificate of legal capacity to contract marriage from their diplomatic or consular officials. (Lawphil)

Even when the couple claims Article 34 exemption from a license, the “no legal impediment” requirement still matters. In practice, judges, mayors, religious solemnizing officers, and local civil registrars may ask for foreign divorce decrees, death certificates of previous spouses, single-status certificates, embassy affidavits, or apostilled documents before proceeding.

If the affidavit is signed abroad for use in the Philippines

Filipinos and foreigners abroad commonly have two options:

Consular notarization before a Philippine Embassy or Consulate, if the document will be used in the Philippines.
Local notarization plus apostille if the country is part of the Apostille Convention.

Philippine Embassy guidance states that consular notarization may be used for private documents such as affidavits and that personal appearance is required; it also recognizes apostille as an alternative route for documents from Apostille Convention countries. (Philippine Embassy) The Philippine Consulate General in Los Angeles similarly states that affidavits may be notarized for use in the Philippines, personal appearance is required, and applicants must bring the original document, photocopies, and valid passport or government ID. (Philippine Consulate LA)

If a Philippine affidavit will be used abroad

A Philippine notarized affidavit usually needs authentication by the Department of Foreign Affairs through apostille if it will be submitted in another Apostille Convention country. For notarized private documents, offices often require the notarized original and a Certificate of Authority for a Notarial Act from the proper court before DFA apostille processing.

Fees and Timelines

Step	Typical Timeline	Cost Notes
Drafting the affidavit	Same day to a few days	Varies depending on whether self-prepared or lawyer-drafted
Barangay certificate	Same day to a few working days	Often minimal; varies by barangay and city/municipality
Notarization in the Philippines	Usually same day	Notarial fees vary; notaries must post their fee schedule and issue proper receipts under the notarial rules
Consular notarization abroad	Depends on appointment availability	Example: some Philippine posts list a per-document fee and optional expedite fee
DFA apostille	Depends on appointment, document type, and location	Separate authentication cost and possible CANA cost for notarized documents
PSA marriage certificate after wedding	Often several weeks to months after local registration	Depends on LCRO transmittal and PSA encoding

For Article 34 marriages, the biggest delay is often not the affidavit itself. It is usually the solemnizing officer’s verification of civil status, prior marriage documents, foreign legal-capacity documents, or PSA records.

Common Mistakes to Avoid

Claiming five years when the couple only lived together for part of that time

The five-year period under Article 34 is not just “five years as boyfriend and girlfriend.” It must be cohabitation as husband and wife, continuous, exclusive, and immediately before the marriage.

Ignoring a previous marriage

A person who is separated but not legally free to marry still has a legal impediment. A court judgment declaring nullity or annulment is generally needed before remarriage, except in specific situations recognized by law, such as a validly obtained and recognized foreign divorce involving an alien spouse.

Treating a barangay certificate as a substitute for an affidavit

A barangay certificate may support the facts, but it is not the same as the sworn affidavit required by Article 34. The Article 34 affidavit must be executed by the contracting parties before a person authorized to administer oaths.

Signing without reading

Because the document is sworn, every date, address, civil status, and legal-capacity statement should be checked carefully. Under Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594, knowingly making untruthful statements in an affidavit on a material matter before a competent person authorized to administer an oath can amount to perjury. (Lawphil)

Assuming the affidavit creates spousal benefits

Private companies, schools, hospitals, and embassies may accept an affidavit as evidence, but they are not required to treat unmarried partners exactly like legal spouses unless their own rules or the applicable law allow it.

Sample Outline of an Affidavit of Cohabitation

A simple affidavit may follow this structure:

JOINT AFFIDAVIT OF COHABITATION

We, [Name], [age], [citizenship], [civil status], and [Name], [age], [citizenship], [civil status], both residing at [complete address], after having been duly sworn, state:

1. That we have been living together at [address] since [date];

2. That from said date up to the present, we have continuously lived together as [partners / husband and wife] and are known in our community as such;

3. That we share household responsibilities and expenses and maintain our family residence at the above address;

4. That this affidavit is executed to attest to our cohabitation for [state purpose];

5. For Article 34 marriage cases only: That we have lived together as husband and wife for at least five continuous years immediately preceding our intended marriage, and that we have no legal impediment to marry each other.

IN WITNESS WHEREOF, we sign this affidavit on [date] at [place].

[Signatures]

SUBSCRIBED AND SWORN to before me...

This is only a working outline. The final wording should match the exact purpose and the facts that can truthfully be sworn to.

Frequently Asked Questions

Is an Affidavit of Cohabitation the same as a marriage certificate?

No. An affidavit is evidence of cohabitation. A marriage certificate is the civil registry document showing a legal marriage. A notarized affidavit alone does not make unmarried partners legally married.

Can we use an Affidavit of Cohabitation to marry without a marriage license?

Yes, but only if you strictly qualify under Article 34 of the Family Code: at least five continuous years living together as husband and wife, immediately before the marriage, and no legal impediment to marry each other.

Do we still need a CENOMAR?

For a general affidavit, not always. For an Article 34 marriage, many solemnizing officers require PSA CENOMAR or Advisory on Marriages to verify civil status, even if the law specifically refers to the affidavit. This is part of the practical verification of “no legal impediment.”

Can a foreigner use an Affidavit of Cohabitation in the Philippines?

Yes, depending on the purpose. For marriage, the foreigner should expect additional proof of civil status and legal capacity, especially if previously married or divorced abroad. Documents issued abroad may need apostille or consular notarization.

Can same-sex partners get an Affidavit of Cohabitation?

They may execute a general affidavit stating truthful facts about shared residence or partnership if needed for a private or administrative purpose. However, Article 34 marriage-license exemption is tied to a marriage between a man and a woman under the Family Code.

Can we get the affidavit from the barangay?

The barangay may issue a certificate of residency, cohabitation, or certification that the couple is known in the community, depending on local practice. But the affidavit itself is usually prepared and signed by the parties, then notarized by a notary public or sworn before another officer authorized to administer oaths.

What happens if the affidavit contains false statements?

A false affidavit can be challenged. In an Article 34 marriage, it may affect the validity of the marriage if the license exemption was not actually available. It may also expose the signer to possible perjury liability if the false statement was material and knowingly made under oath.

How long should we wait before requesting a PSA marriage certificate after an Article 34 marriage?

The solemnizing officer must send the required copies to the local civil registrar within 15 days after the marriage. The PSA copy usually becomes available only after local registration and transmittal to PSA, which can take weeks or months depending on the local civil registrar and PSA processing.

Do live-in partners automatically own property equally?

Not always. Articles 147 and 148 of the Family Code provide different rules depending on whether the parties were capacitated to marry and whether property was acquired through joint effort or actual contribution. Receipts, titles, bank records, and proof of contribution still matter.

Key Takeaways

An Affidavit of Cohabitation is a sworn statement proving that two people live or lived together.
The Article 34 version is used for marriage without a marriage license, but only when the couple has lived together as husband and wife for at least five continuous years and has no legal impediment.
The five-year period must be real, continuous, exclusive, and immediately before the marriage.
A barangay certificate may support the affidavit, but it does not replace the required sworn affidavit.
Foreigners and Filipinos abroad may need consular notarization, apostille, or additional civil-status documents.
A false affidavit can affect marriage validity and may create perjury risk.
The affidavit does not by itself create a marriage, inheritance rights, immigration status, or automatic spousal benefits.