Quick answer

Yes, but only in one narrow situation. Article 34 of the Family Code exempts a man and a woman from needing a marriage license if they have lived together as husband and wife for at least five years and have no legal impediment to marry each other. To use this exemption, both parties must sign a sworn affidavit stating these facts, and the solemnizing officer must separately swear that they personally ascertained the couple's qualifications and found no legal impediment. Falsely claiming five years of cohabitation to avoid getting a license does not just risk a perjury exposure — it can make the marriage itself void.

The Exemption, in the Law's Own Words

Article 34 of the Family Code provides: “No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other.” This is the only broadly-available exemption from the marriage license requirement for ordinary couples (separate, narrower exemptions exist for marriages in articulo mortis, in remote places, and among certain cultural or ethnic communities). Article 35(3) confirms the flip side: a marriage solemnized without a license is void from the beginning, except those falling under this Article 34 exemption — so getting the exemption's requirements right is not a formality, it is what keeps the marriage valid at all.

What “Lived Together as Husband and Wife” and “No Legal Impediment” Require

The five-year period must reflect an actual, continuous cohabitation as a married couple would live — not casual dating, an on-and-off relationship, or living under the same roof for convenience without holding themselves out as husband and wife. The couple must also have no legal impediment to marry each other during that entire period — for example, if either party was validly married to someone else for part of those five years, the cohabitation clock effectively cannot run for the exemption's purposes until that impediment is gone. Both conditions — the duration and the absence of impediment — must exist together for the exemption to apply.

The Affidavit Both Parties Must Execute

Article 34 requires the contracting parties themselves to state the foregoing facts in an affidavit before any person authorized by law to administer oaths. This affidavit is what takes the place of the marriage license in the civil registry's records — it is the couple's own sworn declaration that they meet both conditions (the five years and the absence of impediment), and it is what a future court, the civil registrar, or an interested third party will scrutinize if the marriage's validity is ever questioned.

The Solemnizing Officer's Own Separate Sworn Duty

The law does not stop at the couple's affidavit. Article 34 also requires that the solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. This is a distinct, independent certification — the officer is not simply relying on the couple's say-so but is personally attesting, under oath, to having verified their qualifications. A solemnizing officer who marries a couple under this exemption without actually making that inquiry is not fulfilling what the law requires of them.

Why Falsely Claiming the Exemption Is Dangerous, Not Just Risky

Because Article 35(3) voids any marriage solemnized without a license except one that genuinely falls under Article 34, a couple who has not actually cohabited for five years (or who had a legal impediment during that period) but nonetheless executes the affidavit to skip the license does not get a shortcut — they get a void marriage, discoverable at any time, by either party or by any interested person, since void marriages do not prescribe. On top of that, a knowingly false affidavit executed under oath exposes the affiant to perjury. The exemption is not a convenience for couples who simply want to skip the paperwork; it is a narrow rule for couples who genuinely meet both conditions.

Practical Takeaways

Frequently Asked Questions

Can any couple who has lived together for five years get married without a license? Only if both conditions of Article 34 of the Family Code are met: they have lived together as husband and wife for at least five years, and they had no legal impediment to marry each other throughout that period. Both parties must also execute a sworn affidavit to that effect.

What happens if a couple falsely claims the five-year exemption to avoid getting a license? The marriage risks being declared void under Article 35(3) of the Family Code, since that provision voids marriages solemnized without a license except those genuinely covered by the Article 34 exemption. The false affidavit can also expose the signer to a perjury charge.

Does the solemnizing officer just take the couple's word for the five years? No. Article 34 separately requires the solemnizing officer to state under oath that they personally ascertained the couple's qualifications and found no legal impediment to the marriage, independent of the couple's own affidavit.

Is the five-year cohabitation exemption the only way to marry without a license? It is the only one broadly available to ordinary couples. Narrower, separate exemptions also exist for marriages in articulo mortis, in remote places without transportation to a civil registrar, and among certain cultural or ethnic communities under their own customs.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.