Free Legal Form
Affidavit of Cohabitation
For a couple who have lived together as husband and wife for at least five years, with nothing in the law stopping them from marrying, who want to marry without a Marriage License. Both of you swear to it.
REPUBLIC OF THE PHILIPPINES )
city or municipality ) S.S.
JOINT AFFIDAVIT OF COHABITATION
We, man's full name, age years old, citizenship, civil status, and woman's full name, age years old, citizenship, civil status, both residing at common address, after having been duly sworn in accordance with law, hereby depose and state that:
- We have lived together as husband and wife, continuously and exclusively, since month and year, or for at least five (5) years before the date of this affidavit;
- Throughout that time, and up to the present, there has been no legal impediment to our marriage to each other: neither of us is or has been married to any other person during that period, we are not related to each other by blood or by affinity within the degrees prohibited by law, and neither of us is otherwise disqualified from marrying;
- We are both at least eighteen (18) years of age and are free to marry each other;
- We are executing this affidavit to attest to the truth of the foregoing, in accordance with Article 34 of the Family Code of the Philippines, so that we may be married to each other without the need of a Marriage License, and for whatever other lawful purpose it may serve.
IN WITNESS WHEREOF, we have hereunto set our hands this ____ day of ______________ 20___ at city or municipality, Philippines.
Affiant
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of ______________ 20___ at city or municipality, Philippines, affiants exhibiting to me their competent evidence of identity: man's full name, ID type and number; and woman's full name, ID type and number.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20___.
Before You Print
- Not legal advice. This is a general form. For your own situation, consult a lawyer, especially if your case is unusual or a lot of money is involved.
- You will swear before the notary that it is true, then sign (this is called a jurat).
- Do not sign it yet. You sign in front of the notary, with a valid government ID.
- Under Article 34 of the Family Code, the person who will marry you (the solemnizing officer) must also swear that they checked that you both qualify and found nothing in the law stopping the marriage. That is a separate statement the officer makes. This affidavit does not replace it.
- The five years must be a time when neither of you was married to someone else or was otherwise not free to marry. If either of you was married before, or you are unsure, ask a lawyer first. The Public Attorney's Office helps people who qualify.
- A false statement here can make the marriage void, and lying under oath is perjury. Only sign it if every part of it is true.
For the steps around this document, see the guide Marriage License.