A sworn statement on period of cohabitation before marriage is a notarized affidavit executed by two people who have lived together as husband and wife for a certain number of years before they marry. In Philippine practice, this affidavit is most commonly used to support an application to marry without a marriage license under Article 34 of the Family Code, and sometimes to help establish facts in related civil matters. This article explains the legal basis, when you need such a sworn statement, how to write it, and what to expect during notarization and submission.

1. Legal Basis and Purpose

1.1 Article 34 of the Family Code

Article 34 provides that no marriage license is necessary for a man and a woman who have lived together as husband and wife for at least five (5) years and are without any legal impediment to marry each other. Instead of a license, they must execute an affidavit stating those facts.

The sworn statement on cohabitation is the documentary compliance for Article 34. It tells the Local Civil Registrar (LCR) and solemnizing officer that:

You have cohabited continuously for five years or more, and
During that period and up to the time of marriage, both parties were legally free to marry each other.

1.2 Why registrars require it

When applying without a marriage license, registrars need a formal, sworn, notarized document to substitute for the license requirement. The affidavit becomes part of the marriage file and may be reviewed if questions arise later about the validity of the marriage.

1.3 Other uses

While Article 34 is the typical reason, people also execute cohabitation affidavits to document:

the start date and continuity of living together for civil status or immigration records;
proof of household or relationship history for benefits (e.g., employer or insurance requirements);
supporting evidence in property relations under Articles 147–148 of the Family Code (especially where there is no prior marriage).

Even in these other contexts, the structure is basically the same.

2. When You Need It (and When You Don’t)

2.1 You need this affidavit when:

You plan to marry under Article 34, meaning:
- you have lived together at least five continuous years, and
- neither of you had a legal impediment during that time (no existing marriage, not within prohibited degrees, etc.), and
- you want to marry without securing a marriage license.

2.2 You do NOT need it when:

You will marry with a marriage license (the normal procedure).
You have cohabited less than five years and still want to marry—then you must apply for a marriage license.
There was a legal impediment during the cohabitation period (e.g., one party was married) and you only recently became free to marry. Article 34 does not apply, so a license is required.

Important: Cohabitation alone doesn’t “remove” impediments. Article 34 requires cohabitation and lack of impediment for the entire five-year period.

3. Legal Requirements the Affidavit Must Cover

To be acceptable for Article 34, the affidavit should clearly state:

Full names, ages, citizenship, and addresses of both parties.
That you have been living together as husband and wife (not merely “dating” or “staying together occasionally”).
The exact period of cohabitation, with a clear start date or at least a month/year, totaling five years or more.
Continuity: that cohabitation has been continuous and exclusive.
No legal impediment existed for both parties during the entire period.
Your intent to marry each other.
Execution under oath before a notary public.

Optional but helpful details:

address/es where you cohabited;
mention of children (if any), though not required;
acknowledgment that the affidavit is for purpose of Article 34.

4. Step-by-Step Guide to Writing the Sworn Statement

4.1 Title

Use a clear title such as:

“JOINT AFFIDAVIT OF COHABITATION” or “AFFIDAVIT OF COHABITATION UNDER ARTICLE 34, FAMILY CODE”

4.2 Caption / Venue

At the top:

REPUBLIC OF THE PHILIPPINES CITY/MUNICIPALITY OF ________ ) S.S.

“S.S.” means scilicet (to wit), identifying the place of execution.

4.3 Affiant Introduction

Start with both parties as affiants:

“We, [Name of Party 1] and [Name of Party 2], both of legal age, Filipino citizens, and residents of [address], after being duly sworn to in accordance with law, hereby depose and state:”

4.4 Numbered Statements (Body)

Write short, factual paragraphs. Typical sequence:

Personal circumstances “1. That I, [Name], am ___ years old, Filipino, single/divorced/widowed (as applicable), and residing at [address].
1. That I, [Name], am ___ years old, Filipino, single/divorced/widowed (as applicable), and residing at [address].”
Fact of cohabitation “3. That we have been living together as husband and wife since [date] at [address/es], and have continuously cohabited for more than five (5) years.”
Continuity and exclusivity “4. That our cohabitation has been continuous, exclusive, and without interruption, and we have held ourselves out publicly as husband and wife.”
No legal impediment “5. That during the entire period of our cohabitation and up to the present, no legal impediment existed for either of us to marry one another.”
Purpose “6. That we are executing this Joint Affidavit to attest to our period of cohabitation and to support our intended marriage without a marriage license pursuant to Article 34 of the Family Code of the Philippines.”
Closing “7. That we affirm that the foregoing statements are true and correct based on our personal knowledge.”

4.5 Signature Block

Provide spaces for both signatures:

IN WITNESS WHEREOF, we have hereunto set our hands this __ day of ______ 20__ in ________, Philippines.

[Name of Party 1], Affiant

[Name of Party 2], Affiant

4.6 Jurat (Notarial portion)

Leave this for the notary. It typically reads:

“SUBSCRIBED AND SWORN to before me this __ day of ______ 20__ in ________, Philippines, affiants exhibiting to me their competent evidence of identity…”

The notary will fill in details and attach a notarial seal.

5. A Full Sample Template (Fill-In-The-Blanks)

JOINT AFFIDAVIT OF COHABITATION (Article 34, Family Code)

REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF ______ ) S.S.

We, [FULL NAME OF PARTY 1] and [FULL NAME OF PARTY 2], both of legal age, Filipinos, and residents of [COMPLETE ADDRESS], after having been duly sworn to in accordance with law, hereby depose and state that:

That [Party 1] is ___ years old, Filipino, [civil status: single/divorced/widowed], and presently residing at [address].
That [Party 2] is ___ years old, Filipino, [civil status: single/divorced/widowed], and presently residing at [address].
That we have been living together as husband and wife since [START DATE OR MONTH/YEAR] at [address/es], and have continuously cohabited for more than five (5) years.
That our cohabitation has been continuous, exclusive, and without interruption, and we have publicly held ourselves out as husband and wife.
That during the entire period of our cohabitation and up to the present, no legal impediment existed for either of us to marry one another.
That we are executing this Joint Affidavit to attest to the truth of the foregoing facts and for the purpose of contracting marriage without a marriage license pursuant to Article 34 of the Family Code of the Philippines.
That we affirm that the above statements are true and correct based on our personal knowledge.

IN WITNESS WHEREOF, we have hereunto affixed our signatures this __ day of ______ 20__ in ________, Philippines.

[Party 1 Name], Affiant

[Party 2 Name], Affiant

SUBSCRIBED AND SWORN to before me this __ day of ______ 20__ in ________, Philippines. Affiants exhibited to me their [ID type and number] as competent evidence of identity.

Notary Public

Doc. No. ____; Page No. ____; Book No. ; Series of 20.

6. Notarization and Submission Process

6.1 Before going to the notary

Prepare:

Valid government IDs for both parties (usually at least one primary ID each).
The printed affidavit (unsigned).
If the LCR requires, bring proof of residence or supporting documents, but this varies by locality.

6.2 During notarization

Both parties must personally appear before the notary.
You will sign in front of the notary.
The notary will administer the oath and complete the jurat.

6.3 Submission

Submit the notarized affidavit to the Local Civil Registrar where you will file your marriage application (or as directed by your solemnizing officer).
The LCR may interview you briefly or request additional proof, depending on local practice.

7. Practical Tips to Avoid Rejection

Be specific about dates. Vague statements like “we lived together for many years” can be rejected.
Ensure the five-year period is continuous. If there were long separations, note them carefully; they may break continuity.
Match your civil status. If either party was previously married, make sure that marriage was legally dissolved before the 5-year cohabitation period you’re claiming.
Use the address consistently. It should align with your CENOMAR/Advisory on Marriages and other records.
Don’t over-lawyer it. Simple, factual language is best.

8. Legal Effects and Risks of False Statements

Making a false sworn statement is serious. Potential consequences include:

Criminal liability for perjury (lying under oath).
Possible invalidation of the marriage if Article 34 requirements were not truly met.
Complications in future cases about property, inheritance, legitimacy of children, or immigration.

So only claim what you can truthfully and confidently support.

9. Relationship to Property Regimes (Quick Context)

If you have cohabited without legal impediment, property relations during cohabitation may fall under Article 147. If there was an impediment (e.g., one party married during cohabitation), property relations may fall under Article 148.

These distinctions matter for property disputes, but they don’t change the Article 34 requirement: for license-free marriage, you must be free to marry throughout the five years.

10. Frequently Asked Questions

Q: We lived together for 7 years but were on and off. Does that count? A: Article 34 expects continuous cohabitation. Long breaks may disqualify you.

Q: We’re both single now, but one of us was married earlier during the cohabitation. Can we still use Article 34? A: No. If a legal impediment existed at any point during the 5-year period, Article 34 doesn’t apply. You need a marriage license.

Q: Do we need witnesses in the affidavit? A: Not required by the Family Code. Some LCRs may request supporting affidavits from witnesses, but that’s a local administrative preference.

Q: Can we write separate affidavits instead of a joint one? A: Many notaries and LCRs prefer a joint affidavit, but separate affidavits may be accepted if they state the same facts clearly.

Q: Is a barangay certificate enough? A: For Article 34, the law specifically requires an affidavit. A barangay certificate may support but does not replace it.

Closing Note

A sworn statement of cohabitation is straightforward but legally weighty. The key is accuracy: clearly state the five-year continuous cohabitation and the absence of any legal impediment. Once notarized and submitted, it serves as your legal substitute for a marriage license under Article 34.