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 apply to two scenarios:

• If it is only one common-law spouse who will sign this affidavit, it means that 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. This kind of affidavit is usually used by the present spouse to claim a benefit or proceeds from the government or insurance company, or some other valid purpose. On the other hand;
• If both spouses will sign this affidavit, it means both of them are stating facts surrounding their cohabitation with each other, in which case, 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.

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:

• The period within which the common-law spouses lived which 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.

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.

Applicable Law

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.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.