What Is a Joint Affidavit of Cohabitation?
It’s a sworn document where you and your partner both declare, under oath, that you’ve been living together as husband and wife for at least five continuous years, with no legal reason that would stop you from marrying.
Under Article 34 of the Family Code, this affidavit takes the place of a marriage license. Submit it to the right office and you can marry without ever applying for a license — so there’s no license fee and no 10-day posting period to wait through.
One important thing to know: living together for years does not make you automatically married in the Philippines. There’s no “common-law marriage” here. The affidavit simply opens a faster, more private path to a real, legal wedding.
Why This Option Exists
The law was written with kindness in mind. For couples who’ve already built a life together — often with children — the usual marriage-license process means having your names publicly posted for everyone in town to see.
Article 34 spares long-term couples that publicity and lets them legitimize their union with dignity and privacy. It protects the family, clarifies property and inheritance, and gives children the legal standing that comes with married parents.
Who Actually Qualifies
This path isn’t for everyone — the requirements are strict, and the courts take them seriously. You qualify only if all of the following are true:
When to Count the Five Years — and When to File
The five years are counted immediately before your intended marriage. Brief, normal absences (like work travel) usually don’t break the count, as long as the relationship stayed stable — but the safest standard the courts use is “unbroken.”
Once you’re eligible, you execute the affidavit, then submit it and your supporting papers to the Local Civil Registrar. Marriages under Article 34 are usually solemnized soon after, so it’s best to line up your solemnizing officer and target date before you file. Ask your LCR about their own timeframes — they vary.
Where to Go
How to Apply, Step by Step
| Step | What to Do |
|---|---|
| 1. Confirm eligibility | Double-check the five-year, unbroken cohabitation and that neither of you has any legal impediment. If anything’s unclear, talk to a lawyer first. |
| 2. Gather documents | PSA birth certificates, CENOMAR for both, valid government IDs, proof you share one address, and your cedula. (Full checklist below.) |
| 3. Prepare the Joint Affidavit | Ask your LCR if they have a standard form. If not, have a lawyer or notary draft it. It states how long you’ve lived together, your personal details, and that you have no impediment. |
| 4. Notarize — both of you, in person | Appear together before a notary public, present your IDs, swear to the truth, and sign. Print at least two copies. Notarial fees are typically ₱100–₱500. |
| 5. Submit to the LCR | Bring the notarized affidavit and all supporting documents. The LCR may interview you or request witness affidavits to confirm the five years. |
| 6. Get cleared and set your ceremony | Once the LCR is satisfied, you can marry under Article 34 — no marriage license needed. Make sure your solemnizing officer is ready. |
| 7. Marry, then register | Have your ceremony, then ensure the marriage is registered with the LCR where it took place so your marriage certificate is on record. |
Document Checklist
A Few Honest Reminders
“Above all, love each other deeply.”
— 1 Peter 4:8