(A practical legal guide in the Philippine context)

1) First principles: cohabitation is not marriage

The Philippines does not recognize “common-law marriage.” No matter how long a couple has lived together—or whether they already have a child—cohabitation alone does not create a valid marriage. To obtain the rights and protections of marriage, the couple must comply with the essential and formal requisites of marriage under the Family Code and related laws.

2) Essential and formal requisites of a valid marriage

A. Essential requisites

Legal capacity – Each party must be at least 18 years old and not disqualified (e.g., not married to someone else; not related within prohibited degrees).
Consent – Freely given, personally expressed by each party.

B. Formal requisites

Authority of the solemnizing officer – E.g., judge, priest/minister/imam/other authorized religious leader, consul (for marriages abroad), mayor.
Valid marriage license – Except in limited cases of license exemption (see §3).
Marriage ceremony – The parties personally appear, exchange consent before the officiant and two witnesses of legal age, and the marriage is recorded on a marriage certificate.

A defect in essential requisites generally makes the marriage void or voidable; a defect in formal requisites can also void the marriage unless covered by the “good-faith” rules on putative marriages. Marrying an under-18 person is void and, under special laws, criminalized (see §8).

3) The “five-year cohabitation” path: marriage without a license (Article 34)

Couples who have cohabited as husband and wife for at least five (5) years may marry without a marriage license, but only if:

Both were free to marry each other during the entire five-year period (i.e., no existing marriage, no legal impediment throughout those five years); and
They execute a joint affidavit stating those facts, presented to the solemnizing officer.

Key points & pitfalls

The five years must be continuous and immediately prior to the marriage.
If any part of that five-year period overlapped with a prior undissolved marriage of either partner, the exemption does not apply.
Many officiants and Local Civil Registrars (LCRs) will still ask for supporting proof (e.g., government-issued IDs, CENOMARs, proof of residence) before they agree to officiate or register under Article 34. Bring standard documents anyway (see §5).

If you do not squarely meet Article 34, apply for a regular marriage license (see §4–5).

4) The standard path: marriage with a license

Where to apply

At the Local Civil Registrar of the city/municipality where either party habitually resides.

Posting and validity

The application is posted for 10 consecutive days at the LCR.
The license—once issued—is generally valid nationwide for 120 days from issuance.

Age-based consents/advice

18–20: Parental consent required (without it, no license).
21–24: Parental advice required (lack of advice does not void the marriage but can delay license issuance).
25+: Neither consent nor advice required.

Foreign nationals

If one party is a foreigner, the LCR typically requires a Certificate of Legal Capacity to Contract Marriage (or functional equivalent) issued by the foreigner’s embassy/consulate, plus passport and proof of civil status. Some embassies do not issue this; in practice, an affidavit and additional proofs may be accepted depending on local practice. Always check the LCR’s checklist in advance.

5) Common documentary requirements (bring originals + photocopies)

Government-issued IDs with photo, birthdate, and address
Birth certificates (PSA)
CENOMAR (Certificate of No Marriage) or Advisory on Marriages where applicable
If previously married: Death certificate of prior spouse or final decree of annulment/nullity/foreign divorce recognized by a Philippine court (recognition required)**
Pre-marriage counseling/family planning seminar certificates (from the LGU/DSWD/DOH/Church, as applicable)
Joint affidavit for Article 34 (if using the five-year cohabitation exemption)
For ages 18–20: written parental consent; for 21–24: parental advice
For foreigners: Legal Capacity certificate or substitute documents; passport; proof of civil status

Practice tip: Even if you qualify for Article 34, expect the LCR/officiant to ask for CENOMARs and seminar certificates. Having them ready prevents registration issues.

6) Choosing your officiant

Civil: Judges (including in-chambers), mayors, and in some cases ship captains/airplane chiefs under very limited circumstances provided by law. Religious/ethno-cultural: Priests, ministers, imams, and other duly authorized leaders following their rites and registering the marriage with the LCR.

Always confirm the officiant’s authority and registration process beforehand.

7) Property and financial consequences

Before marriage (while cohabiting)

If the couple were not otherwise disqualified to marry each other during cohabitation, property acquired through their work or industry is covered by Article 147 (co-ownership). Contributions are presumed equal in the absence of proof; property acquired by exclusive money of one belongs to that person alone.
If one or both were disqualified to marry each other (e.g., one had a subsisting marriage), Article 148 applies, which is stricter: only proven actual contributions create co-ownership, and illicit relationships can disentitle a party to share in the other’s property.

After marriage

Default property regime is Absolute Community of Property (ACP) unless the parties execute a prenuptial agreement (a “marriage settlement”) before the wedding, opting for Conjugal Partnership of Gains (CPG) or Complete Separation of Property.
Debts and liabilities follow the chosen property regime and the Family Code rules on obligations and administration.

8) Restrictions and penalties to keep in mind

Child marriage is prohibited: Marriage to a person below 18 is void and criminalized; arranging or facilitating such a marriage is also penalized.
Bigamy: Contracting a second marriage while the first is undissolved is a crime and the second marriage is void. A foreign divorce must be judicially recognized in the Philippines before a Filipino spouse is considered free to remarry.
Prohibited degrees: Marriages between certain relatives (e.g., ascendants/descendants, siblings, certain affinities) are void.
Vitiated consent (force, intimidation, undue influence, fraud) can make a marriage voidable.

9) Your child’s civil status: effects of the parents’ subsequent marriage

A. Legitimation by subsequent marriage

If, at the time of conception, the parents were not disqualified to marry each other (i.e., no legal impediment), their subsequent valid marriage legitimates the child. Key effects of legitimation:

The child’s status becomes legitimate from birth (retroactive).
Parental authority vests jointly in the parents as for legitimate children.
The child’s surname and successional rights follow as a legitimate child.

How to reflect legitimation on records File the appropriate legitimation documents with the LCR/PSA (usually: marriage certificate, child’s birth certificate, and required forms/affidavits). A new birth record annotating legitimation is then issued.

B. If legitimation is not available

If there was a legal impediment at conception (e.g., one parent was married to someone else at that time), the child remains illegitimate despite later marriage, but retains:

Right to support;
Right to inherit as an illegitimate child under the Civil Code;
Right to use the father’s surname if duly acknowledged/affiliated under applicable rules.

Surname of an illegitimate child: With the father’s recognition (e.g., in the birth record or a public document), the child may use the father’s surname. Administrative procedures through the LCR/PSA are available to update the record.

10) Custody, support, and parental authority

Support (financial support) for the child is mandatory, regardless of parents’ marital status.
Parental authority: For legitimate children, joint parental authority applies. For illegitimate children, the mother exercises parental authority by default; the father may obtain authority/visitation pursuant to law or court orders.
Courts decide custody based on the best interests of the child.

11) Step-by-step: marrying after long cohabitation (with a child)

Path A — Using Article 34 (license-exempt):

Confirm that you have cohabited for 5 continuous years, and both were legally free to marry each other throughout.
Prepare documents: government IDs, birth certificates, CENOMARs/Advisories, child’s birth certificate (helpful), joint affidavit of five-year cohabitation, and seminar certificates if required by the officiant/LCR.
Book an authorized officiant willing to solemnize under Article 34; coordinate with the LCR on registration requirements.
Hold the ceremony with two witnesses and sign the marriage certificate.
Ensure timely registration with the LCR and obtain your PSA marriage certificate.
If applicable, file legitimation of your child with the LCR/PSA to update the child’s civil status and birth record.

Path B — With a regular marriage license:

Attend pre-marriage counseling/seminar as required.
Apply at the LCR (either party’s residence), submit documents, and undergo the 10-day posting.
Receive the license (valid for 120 days).
Proceed with the ceremony (civil or religious) and sign the marriage certificate.
Ensure registration and obtain PSA copies.
If eligible, process your child’s legitimation and related updates (surname, parental authority annotations, etc.).

12) Practical checklists

Marriage readiness checklist

We are both 18 or older.
Neither of us has a subsisting marriage (and any foreign divorce has been recognized by a Philippine court if applicable).
We are not related within prohibited degrees.
We understand our property regime (ACP by default) or have executed a prenup if desired.
We have gathered IDs, PSA documents, and seminar certificates.
If using Article 34: we truly have 5 years of continuous cohabitation with no impediment during those years, and we have prepared the joint affidavit.

Child/records checklist

We have the child’s PSA birth certificate and evidence of acknowledgment by the father (if applicable).
If eligible for legitimation, we will file with the LCR/PSA once the marriage certificate is available.
We will update surnames, PhilHealth/SSS/GSIS, beneficiaries, and school records as needed.

13) Frequently asked edge cases

“We lived together 7 years, but I was still married for 2 of those.” You cannot use Article 34 because there was a legal impediment during the five-year period. Apply for a regular license after the first marriage is validly dissolved and, if foreign divorce is involved, judicially recognized.
“We have a child together—does that make our union a marriage?” No. A child does not convert cohabitation into a marriage. You must marry validly to acquire the rights of spouses.
“Can we marry if one partner is under 18?” No. The marriage is void and there are criminal penalties for facilitating child marriage.
“Do we need a church wedding to legitimate our child?” No. A valid civil marriage suffices; legitimation depends on the parents’ capacity at conception and subsequent valid marriage, not on religious rites.
“I changed my mind about property sharing; can we sign a prenup after the wedding?” No. A marriage settlement must be executed before the marriage to be effective.

14) Bottom line

For couples who have lived together long-term and already have a child, there are two lawful paths to marry: (1) the standard license route, or (2) the Article 34 license-exempt route—available only if you truly cohabited for five continuous years with no legal impediment throughout. After a valid marriage, consider promptly addressing your child’s legitimation/record updates, and review your property regime and beneficiary designations.

Friendly reminder: Local Civil Registrars and officiants may vary in documentary checklists and processing practice. Bring complete documents, ask for their checklist early, and keep certified copies of everything you submit and receive. For complex situations (prior marriages, foreign divorces, surname/legitimation issues), consult a Philippine family-law practitioner for tailored advice.