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Things you need to know about Affidavit of Cohabitation.

1. What is an Affidavit of Cohabitation?

An Affidavit of Cohabitation is a written statement under oath by a man and woman stating 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 actually 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 going through the rigors of complying with the requisites for securing a marriage license. 

2. When do you need an Affidavit of Cohabitation?

An Affidavit of Cohabitation is necessary for couples who wish to get married without obtaining 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 parties 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.

3. What information do you need to create the Affidavit of Cohabitation?

To create your Affidavit of Cohabitation, you’ll need the following minimum information:

  1. The name and details (i.e. nationality and address) of the man and woman living together
  2. The date when the parties started cohabiting

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