(Philippine legal article; Family Code-focused)

1) The big clarification: You do not need 5 years of living together to get married

In the Philippines, living together for five (5) years is not a general requirement to marry. It matters only for a very specific purpose: to be exempted from the requirement of a marriage license under the Family Code (commonly associated with Article 34).

So if a couple has not cohabited for 5 years, they can still marry—they simply must follow the normal process, including obtaining a marriage license, unless another legal exemption applies.

2) Governing law and the “requisites” of marriage

Philippine marriage is primarily governed by the Family Code of the Philippines (Executive Order No. 209, as amended).

A. Essential requisites (what makes a marriage valid at its core)

Legal capacity of the parties (each must meet age and status requirements and have no legal impediment)
Consent freely given, in the presence of the solemnizing officer

B. Formal requisites (procedural requirements)

Authority of the solemnizing officer (judge, mayor under certain circumstances, priest/minister/rabbi/imam authorized, etc.)
Valid marriage license, except when the marriage is exempt by law
Marriage ceremony: personal appearance, declaration that they take each other as spouses, in the presence of the solemnizing officer and at least two witnesses

Key point: If a marriage requires a license and the couple marries without one, the marriage is generally void from the beginning (void ab initio), unless it falls under a lawful exemption.

3) What “five years’ cohabitation” actually does (and doesn’t do)

The Article 34 concept (license exemption)

A couple may be allowed to marry without a marriage license if:

They have lived together as husband and wife for at least five (5) years, and
They are without any legal impediment to marry each other during that entire period, and
They execute an affidavit stating these facts (and the solemnizing officer usually also executes a certification).

What it does not do

It does not “create” a marriage by itself (the Philippines does not recognize “common-law marriage” as a substitute for a valid marriage ceremony).
It does not cure legal impediments (e.g., you cannot cohabit your way out of an existing marriage, prohibited relationship, or lack of capacity).
It does not apply automatically—strict requirements must be met.

4) If you have not cohabited for 5 years, what are your marriage requirements?

If the 5-year cohabitation condition is not met, the default route applies:

A. Meet the legal capacity requirements

1) Age requirement

Must be at least 18 years old to marry.

2) No legal impediment to marry

Common impediments include:

Existing valid marriage (bigamy issues)
Void or voidable prior marriage not properly addressed
Prohibited relationships (e.g., incestuous relationships, certain degrees of affinity/consanguinity)
Lack of capacity (e.g., not of age)

Practical note: Even if a prior marriage is believed void, Philippine practice generally requires a judicial declaration of nullity before one can remarry, because remarriage without it can create serious legal risk.

B. Obtain a marriage license (standard rule)

Where to apply

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

Typical timeline concept

Many LCRs observe a posting/publication period before releasing the license (often described as a 10-day posting requirement in practice), after which the license may be issued if no legal impediment appears.

Validity

A marriage license is typically valid for a limited period (commonly treated as valid anywhere in the Philippines for a set number of days), and expires if not used within that period.

Common documentary requirements (may vary by LGU)

While exact requirements differ among local civil registrars, commonly requested items include:

PSA Birth Certificate (or local civil registry copy)
CENOMAR / Advisory on Marriages from PSA (proof of “no marriage record,” or marriage history)
Valid government-issued IDs
Seminar/counseling certificates (pre-marriage counseling, family planning, etc., depending on age and LGU policy)
For previously married persons: death certificate of deceased spouse, or court decree and certificate of finality/entry of judgment (as applicable), and annotated civil registry documents

Because LGUs can require additional local documents (barangay certification, community tax certificate/cedula, etc.), couples should treat the LCR checklist as controlling for the paperwork—but not for the legal validity rules, which come from national law.

C. Have the marriage solemnized by an authorized solemnizing officer

You must marry before someone legally authorized, such as:

A judge within jurisdiction
A priest/minister/rabbi/imam duly authorized and registered
A ship captain/airplane chief in limited special situations
A military commander in limited special situations
Others as recognized by law under specific conditions

Always verify authority: A marriage can be challenged if the officiant lacks authority.

D. Observe the required ceremony

Even with a license and an authorized officiant, the ceremony must include:

Personal appearance of both parties
Declaration of taking each other as spouses
In the presence of the solemnizing officer and at least two witnesses of legal age

5) License exemptions other than 5-year cohabitation

Even without five-year cohabitation, a couple might still be able to marry without a license only if they fall under other specific exemptions recognized by law. Commonly discussed categories include:

Marriage in articulo mortis (at the point of death)
Marriage in remote places (under strict conditions where access to the civil registrar is not feasible)
Special contexts (e.g., certain marriages under the Code of Muslim Personal Laws of the Philippines (P.D. 1083) may follow a distinct framework for Muslim Filipinos)

These exemptions are narrow and are not “convenience options.” If unsure, assume a license is required unless clearly exempt.

6) The legal risk of marrying without a license when you are not exempt

If a couple who must have a marriage license marries without one, the marriage is generally void from the start.

Why this is high-stakes

A void marriage can affect inheritance rights, legitimacy/filial issues, spousal benefits, property relations, immigration sponsorship, and future remarriage plans.
Even where parties acted in good faith, the absence of a required formal requisite can be fatal to validity.

The Article 34 trap: “We’ll just sign the affidavit”

Some couples try to use the 5-year cohabitation affidavit even when they have not truly met the 5-year requirement. This is dangerous because it can involve:

Perjury/falsification exposure for false statements
Administrative and legal consequences for those who facilitated it
A heightened risk that the marriage will later be declared void

7) Special notes for common situations

A. One or both parties were previously married

If a prior spouse is deceased: typically need death certificate and properly annotated civil registry documents.
If prior marriage was annulled/declared void: typically need the court decision/decree and proof it is final, plus annotated PSA/LCR records.

B. One party is a foreign national

A foreign national commonly must provide proof of capacity to marry (often issued by their embassy/consulate) unless exempted by applicable rules. Expect stricter document scrutiny, and allow extra time for civil registry compliance.

C. Church wedding vs civil wedding

Religious weddings are valid only if:

The officiant is authorized to solemnize marriages under Philippine law, and
The couple has a valid license (unless exempt), and
The ceremony requirements are met, and
The marriage is properly registered afterward.

8) Practical checklist: “We have not lived together for 5 years—what should we do?”

Confirm no impediment (age, single status, not within prohibited relationship, prior marriage properly resolved).
Go to the Local Civil Registrar where either party resides and obtain the marriage license requirements list.
Complete seminars/counseling if required by age/LGU policy.
File the application and comply with posting/waiting requirements.
Receive the marriage license and schedule the solemnization with a properly authorized officiant.
Ensure the marriage is registered with the civil registry and later reflected in PSA records.

9) Bottom line

No 5-year cohabitation is required to marry in the Philippines.
Five-year cohabitation matters mainly for exemption from the marriage license requirement (and only under strict conditions).
If you have not cohabited for five years, your safest and standard path is simple: get a marriage license and comply with the formalities.
Avoid shortcuts—marrying without a required license can render the marriage void.

This article is for general legal information in the Philippine context and is not a substitute for advice on specific facts. For a high-stakes situation (previous marriage, foreign national party, uncertain records), individualized legal review is strongly recommended.