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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 apply to two scenarios:
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.
How to use this document
The purpose of this affidavit must be provided, whether it be for contracting marriage, claiming benefits or proceeds from the government or insurance company, or for any other purpose which must be valid and legal, as well as the details surrounding such purpose. The following must also be provided:
After completing the document, at least two copies must be printed. Then it must be presented to a notary public for notarization. One copy will be given to the notary public, and the other will be kept by one or both spouses for their personal use and records.
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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