Affidavit of Cohabitation

What is an Affidavit of Cohabitation?

An Affidavit of Cohabitation is used by live-in couples of opposite sexes, also known as common-law spouses, to prove that they have been living with each other as husband and wife without the benefit of a valid marriage. This affidavit may be used if the other spouse is unable to sign or execute the same by reason of his or her death, absence, or disability, and only the present spouse is able to sign this affidavit, or if both of them will state facts surrounding their cohabitation with each other, in which case, both of them should sign this affidavit.

The purpose of this affidavit may be for contracting marriage, claiming benefits or proceeds from the government or insurance company, or for any other legal purpose.

What is the difference between an Affidavit of Cohabitation and an Affidavit of Single Status?

An Affidavit of Cohabitation is used if a couple wants to prove that they are living together as spouses for a certain period. The purpose of this affidavit is to contract marriage, to claim benefits or proceeds from the government or insurance company, or any other legal purpose. On the other hand, an Affidavit of Single Status is used by someone who wants to prove that he is single and unwed. The purpose of this affidavit is to apply for a marriage license, to marry outside of the Philippines, as a requirement for acquiring property, employment abroad, or any other legal purpose.

Is it mandatory to have an Affidavit of Cohabitation?

If the couple will marry each other and wants to be exempted from applying for a marriage license from the local civil registrar, then an Affidavit of Cohabitation is mandatory. For this exemption to apply, the law requires that they must be living with each other as husband and wife for at least five years which must be continuous or unbroken, and that during this period, they have no legal impediment to marry, which means both of them must be of legal age and single. Further, an Affidavit of Cohabitation is generally required when one of the common-law spouses will be claiming benefits or proceeds from the government or insurance company. For any other purpose, an Affidavit of Cohabitation is not required.

What must an Affidavit of Cohabitation contain?

An Affidavit of Cohabitation contains the following information:

• The period within which the common-law spouses lived with each other as husband and wife.
• If both spouses will sign or execute this affidavit, both their personal details must be provided, if only the present spouse will sign or execute this affidavit, his or her personal details must be provided.
• In case only the present spouse will use this affidavit, and the other spouse has passed away, the death certificate of the latter may be attached to this document.
• If the spouses conceived and begot children during the period of their cohabitation, this must also be provided.

What are the prerequisites of an Affidavit of Cohabitation?

If this Affidavit will be used as a requirement for the spouses to marry each other, the law requires that they must be living with each other as husband and wife for at least five years which must be continuous or unbroken, and that during this period, they have no legal impediment to marry, which means both of them must be of legal age and single.

Who is involved in an Affidavit of Cohabitation?

The persons who will sign an Affidavit of Cohabitation will depend on certain situations:

• If the other spouse is unable to sign or execute the same by reason of his or her death, absence, or disability and only the present spouse is able to sign this affidavit, then only one common-law spouse should sign this affidavit.
• If both of them will state facts surrounding their cohabitation with each other, both spouses should sign this affidavit, and it will be called a Joint Affidavit of Cohabitation. This kind of affidavit is usually used as a requirement before the common-law spouses can marry each other without the necessity of a marriage license, and may also be used for other valid purposes.

What has to be done once an Affidavit of Cohabitation is ready?

Once the affidavit has been completed, the affiant(s) must print at least 2 copies of the document, and then proceed with its notarization.

The affiant(s) must personally appear before a notary public and present at least one current identification document (I.D.) issued by an official agency bearing the photograph and signature of the Affiant. The affiant must swear under oath the whole truth of the contents of the affidavit and then sign all copies of the affidavit. The affiant will be asked to leave one original copy for the files of the notary public.

Once notarized, the affiant(s) may use the document as needed, i.e. to contract marriage, to claim benefits or proceeds from the government or insurance company, or for any other legal purpose.

Which documents should be attached to an Affidavit of Cohabitation?

If the other common-law spouse is deceased, the proof of death such as a death certificate may be attached.

Is it necessary to notarize an Affidavit of Cohabitation for it to be valid?

Yes, because an Affidavit of Cohabitation is a sworn statement to the effect that the couple has been living as spouses for a certain period, which should be executed or signed in the presence of a notary public.

Is it necessary to submit the Affidavit of Cohabitation to a government office?

If the couple will marry each other and wants to be exempted from applying for a marriage license from the local civil registrar, then an Affidavit of Cohabitation should be submitted. Further, if one of the couple wants to claim benefits or proceeds from the government or insurance company due to the death of the other, then an Affidavit of Cohabitation should also be submitted to the government agency (e.g. Social Security System or Pag-Ibig) concerned.

What are the costs involved in the finalization of an Affidavit of Cohabitation?

Notarization fees for an Affidavit of Cohabitation are typically PHP100 to PHP500.

Which laws are applicable to an Affidavit of Cohabitation?

The Family Code of the Philippines is applicable to this document more particularly on Article 34. Further, affidavits are governed by the 2004 Rules on Notarial Practice. It should also be noted that making untruthful statements in a notarized affidavit may be punishable under the Revised Penal Code of the Philippines.

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