If you have been living together with your partner for a continuous period of at least 5 years, you may be exempted from getting a marriage license using an "Affidavit of Cohabitation"
An Affidavit of Cohabitation is a written statement under oath by a man and woman saying that they have lived together as husband and wife for a period of not less than 5 years without any legal impediment to marry each other.
This is normally executed pursuant to article 34 of the Family Code which makes it easier for couples who have cohabited as husband and wife for at least 5 years to get married without obtaining a marriage license. This is meant to help couples who are old and responsible enough (usually with children born out of wedlock) to get married without securing a marriage license.
An Affidavit of Cohabitation is necessary for couples who wish to get married without securing a marriage license.
The law dispenses with the marriage license requirement for a man and a woman who have lived together and exclusively with each other as husband and wife for a continuous and unbroken period of at least 5 years before the marriage. This is to avoid exposing the couple to possible humiliation and embarrassment arising from cohabitation outside a valid marriage (due to the publication of every applicant’s name for a marriage license).
To create your Affidavit of Cohabitation, you’ll need the following minimum information:
The document costs PHP 350 for a one-time purchase. Once purchased you have unlimited use of the document.
You can also avail of Premium subscription at PHP 1,000 and get (a) unlimited use of our growing library of documents (from affidavits to contracts); and (b) unlimited use of our “Ask an Attorney” service which lets you consult a lawyer specializing in your concern.