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.
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.
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.
An Affidavit of Cohabitation contains the following information:
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.
The persons who will sign an Affidavit of Cohabitation will depend on certain situations:
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.
If the other common-law spouse is deceased, the proof of death such as a death certificate may be attached.
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.
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.
Notarization fees for an Affidavit of Cohabitation are typically PHP100 to PHP500.
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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Affidavit of Cohabitation - sample template