Cameron Miranda
Common-law marriage, often referred to as cohabitation or live-in relationships, does not legally exist in the Philippines in the same way it is understood in some Western countries. While the Philippines' legal system acknowledges the rights of individuals in a live-in relationship, particularly concerning property and children, it does not consider cohabitation as a legally binding union. However, under Article 34 of the Family Code of the Philippines, a marriage license is not required for a man and a woman who have lived together as husband and wife for at least five years without any legal impediment to marry. This article outlines the rights of individuals in a common-law marriage regarding property ownership and the legitimacy of children.
| Characteristics | Values |
|---|---|
| Legal recognition | Common-law marriage is not legally recognised in the Philippines, but the Family Code acknowledges the rights of individuals in a live-in relationship, especially concerning property acquired during the partnership. |
| Property rights | Property acquired during cohabitation is governed by Articles 147 and 148 of the Family Code, depending on the circumstances. If both parties are capacitated to marry, property is owned in equal shares. If one or both parties are incapacitated, the rules of co-ownership do not apply. |
| Children's rights | Children born to common-law couples are considered illegitimate and have reduced inheritance rights. Fathers can acknowledge their children born out of wedlock, ensuring their children's right to support and inheritance. |
| Inheritance | Unmarried couples do not have inheritance rights unless specified in a will. |
| Child support | The parent with custody can file a petition for child support against the non-custodial parent. |
| Custody | Custody is generally awarded to the mother for children below seven years old, but the father can also claim custody under certain conditions. |
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What You'll Learn
Common-law marriage is not legally recognised in the Philippines
In the Philippines, the legal recognition of relationships and marriage is strictly governed by the Family Code. The notion that simply living together for a long period constitutes marriage—often referred to as "common-law marriage" in other countries—does not apply in the Philippine legal system. No matter how long a couple has been cohabitating, their relationship is not recognised as a marriage unless it meets the formal requirements under the law.
In the Philippines, the term "common-law marriage" is often misunderstood. While some countries may grant legal recognition to couples who have lived together for a certain number of years, the Philippines does not recognise such a concept. Living together for any number of years does not result in an automatic legal marriage. Common-law partners do not automatically have inheritance rights from one another unless provided for in a valid will. In the absence of a legal marriage, the rules of intestate succession (which govern who inherits property when someone dies without a will) do not grant inheritance rights to common-law partners.
The rights granted to a legally married couple—such as inheritance rights, property relations, and the legitimacy of children—are not automatically extended to couples merely living together. Under the Family Code, children born to common-law couples are considered illegitimate, unless the parents marry each other after the birth. The distinction between legitimate and illegitimate children affects their rights, especially in terms of inheritance. Legitimate children are entitled to a greater share of their parent's estate than illegitimate children.
Article 34 of the Family Code of the Philippines states that no license is 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. However, this does not mean that common-law marriage is recognised in the Philippines. The article simply states that if a couple has been cohabiting for at least five years and meets the other legal requirements for marriage, they do not need a marriage license.
In summary, common-law marriage is not legally recognised in the Philippines. While there are some provisions in the Family Code that address the property rights and inheritance issues of cohabiting couples, these do not constitute legal recognition of common-law marriage.
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Cohabiting couples' rights and responsibilities
Cohabitation refers to a situation where two individuals live together as a couple without being legally married. In the Philippines, cohabitation alone does not confer the same legal rights and obligations as a formal marriage. The Philippines' legal system does not recognise common-law marriage in the way that some Western countries do. A union becomes legally binding only through civil or religious marriage recognised by the state. However, the legal system acknowledges the reality of unmarried couples living together as long-term partners and provides certain rights and protections under the law, particularly concerning property and children.
Articles 147 and 148 of the Family Code recognise the cohabitation family unit and union. While cohabiting couples do not have similar rights and responsibilities as a lawfully married couple, they are still protected by law. Once a couple enters a live-in relationship, it is legally recognised as a common-law marriage in the Philippines.
- Property relations: Under Article 147, properties bought or acquired by the couple while living together are considered joint ownership and "shall be owned by them in equal shares". This is the case even if one partner is a stay-at-home parent, as their contribution to the household is considered. However, in the absence of a legal marriage, the rules of intestate succession do not grant inheritance rights to common-law partners. The surviving partner may only inherit property if the deceased specifically named them in a will.
- Children: Children have the right to support and inheritance from their parents, regardless of the parents' marital status. Legitimacy may influence inheritance rights, so it is important for cohabiting couples to understand the implications of their legal status and consider formalising their relationship through marriage to ensure full rights for their children. Fathers can acknowledge their children born out of wedlock through a child's birth certificate, an affidavit, or a public document, ensuring the child's right to support and inheritance.
- Other rights: Common-law partners do not have the same legal rights as spouses in areas such as social security benefits, health insurance, or retirement benefits. Many government programs and laws are designed to protect the interests of legally married spouses, leaving common-law partners in a vulnerable position.
Cohabiting couples can take specific legal steps to protect their rights, such as executing a cohabitation agreement outlining the treatment of their properties and responsibilities within the relationship. While not commonly used, a cohabitation agreement can be legally binding if it meets the requirements for a valid contract under Philippine law.
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Property rights and co-ownership
In the Philippines, the concept of a "common-law" relationship, where partners cohabit without formal marriage, has certain legal implications, particularly in terms of property rights. The rights granted to a legally married couple—such as inheritance rights, property relations, and the legitimacy of children—are not automatically extended to couples merely living together.
The Family Code of the Philippines governs the legal recognition of relationships and marriage. The notion that simply living together for a long period constitutes marriage—often referred to as "common-law marriage" in other countries—does not apply in the Philippine legal system. No matter how long a couple has been cohabitating, their relationship is not recognized as a marriage unless it meets the formal requirements under the law.
However, the Family Code does recognize and expressly governs the property relations in common-law marriages, where a man and a woman live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage. This is outlined in Article 147 of the Family Code, which states that the wages and salaries of both parties shall be owned by them in equal shares, and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership.
In a co-ownership arrangement under Article 147, cohabiting partners each have rights over property acquired during the relationship, but these rights vary depending on contributions and legal circumstances. If property was acquired jointly through the effort or earnings of both partners, each has an equal or proportionate interest in it. Upon separation, either party can request a division of these assets. Items acquired solely by one partner and without the other partner’s contribution are considered personal property and are not subject to division.
Article 148 of the Family Code limits the co-ownership assumption in cases where one partner is incapacitated to marry, such as if they are already legally married to another person. In this case, the property acquired during the cohabitation period is not governed by the rules applicable to a conjugal partnership or absolute community of property, which are the default property regimes for legally married couples. Instead, the property relations are based on "co-ownership" as interpreted under Article 147 and Article 148, depending on the nature of the relationship and the legal status of the partners.
It is important to note that, in the absence of a legal marriage, partners are not automatically considered next of kin for purposes like medical decisions or inheritance. Therefore, it is crucial to have legal documents such as wills and medical directives in place to ensure the protection of rights and entitlements.
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Child support and custody
In the Philippines, child support is the regular financial support for the necessities of raising a child. It is usually paid by the non-custodial parent to the parent with custody, but can also be paid by both parents if another person, such as a relative, has custody of the child. Child support is for the "indispensable" or essential needs of the child, including food, shelter, clothing, medical expenses, education, and transportation.
To receive child support, the custodial parent must first prove that the non-custodial parent is related to the child. If there is any dispute, a DNA test can be carried out. The custodial parent must then request child support in writing, with verification that the non-custodial parent received the demand, such as a confirmed letter. If the non-custodial parent refuses to pay, the custodial parent can sue for child support. However, there is no fixed rate for child support in the Philippines, and a court will decide the amount based on the child's needs and the parent's financial means.
The Family Code of the Philippines outlines the foundational rules for child custody, with modern statutes and international treaties steadily centering the system on the child. The best interests of the child are paramount, prioritizing their physical safety, emotional security, and developmental needs.
In the case of married parents, they exercise joint custody by default. For unmarried parents, custody belongs solely to the mother of an illegitimate child, and the father may seek visitation or custody by proving it is in the child's best interest. If the mother is unfit or disqualified, substitute parental authority can be granted to the surviving grandparent, eldest sibling over 21, or the child's actual custodian over 21.
The Hague Abduction Convention enables the summary return of children wrongfully removed from or retained outside the Philippines, unless an Article 13 defense is proven. Philippine courts may refuse to enforce foreign custody orders if they violate public policy or best-interest standards. The Inter-Country Adoption Act and the Alternative Child Care Act also protect children from "child laundering" under the guise of custody transfers.
In the Philippines, child support continues until the child turns 18, and either parent can appeal to the court to revise the requirements if their budgetary circumstances change.
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The process of legal separation and annulment
In the Philippines, the concept of "common-law marriage" is often misunderstood. While some countries may grant legal recognition to couples who have lived together for a certain number of years, the Philippines does not recognise such a concept. No matter how long a couple has been cohabiting, their relationship is not recognised as a marriage unless it meets the formal requirements under the law.
The Philippines is one of the only countries that does not allow absolute divorce. There are three ways to legally separate in the Philippines: legal separation, annulment, and recognition of foreign divorce. Here is an overview of the process for legal separation and annulment:
Legal Separation
Legal separation does not end a marriage and does not allow the parties to remarry. It only grants the right to live separately. To initiate a legal separation, one must file a petition in court. The grounds for legal separation include:
- The respondent attempts to corrupt or induce the petitioner, a mutual child, or a child of the petitioner, to engage in prostitution.
- The respondent is sentenced to imprisonment for more than six years, even if pardoned.
- The respondent is addicted to drugs or is a habitual alcoholic.
- The respondent contracts a subsequent bigamous marriage, whether in the Philippines or abroad.
- The respondent abandons the petitioner without justifiable cause for more than one year.
Annulment
Annulment is a legal process that declares a valid marriage null and void. Once a marriage is annulled, it is considered legally invalid, and both parties are free to remarry. To file for annulment, one must hire a lawyer and file a petition in the Regional Trial Court where either party resides. The process involves submitting the required documents, attending hearings, and presenting evidence to support the case. The grounds for annulment include:
- That the party seeking annulment was between eighteen and twenty-one years old when the marriage was solemnised without the consent of their parents, guardian, or person with substitute parental authority.
- That either party was of unsound mind unless, after coming to reason, they freely cohabited as husband and wife.
- That the consent of either party was obtained by fraud unless, with full knowledge of the facts constituting the fraud, they freely cohabited as husband and wife.
- Mutual consent: both parties must file a joint petition, stating the grounds for annulment and the terms of their agreement.
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Frequently asked questions
Common-law marriage, also known as cohabitation or a live-in relationship, is a union that is not legally recognised in the Philippines as it is in some Western countries. However, the legal system acknowledges the rights of individuals in a live-in relationship, especially concerning property acquired during the partnership and children.
Common-law marriage is recognised in the Philippines under Article 147 of the Family Code. This article states that when a man and a woman are legally able to marry each other and live together exclusively as husband and wife without the benefit of marriage, their wages and salaries shall be owned by them in equal shares.
The rights of those in a common-law marriage in the Philippines include the right to own property acquired during the relationship in equal shares, and the right to inherit from one another, but only up to half of the share of a legitimate child. Unmarried couples do not have the right to inherit from each other unless there is a will that explicitly states this intention.
