What is a Joint Affidavit of Domestic Partnership in the Philippines?
Definition & Meaning
A Joint Affidavit of Domestic Partnership in the Philippines is a legal document where two individuals declare their commitment to each other, typically after living together for a minimum of five years. This affidavit serves as proof of their domestic partnership, allowing them to marry without a license under Article 34 of the Family Code. The document is essential for couples seeking to formalize their relationship or secure benefits from employers, such as health insurance.
How to Use the Joint Affidavit of Domestic Partnership
The Joint Affidavit can be utilized in various scenarios, including:
- Marriage without a License: Couples who have cohabited for at least five years can present this affidavit to marry legally without needing a marriage license.
- Employer Benefits: Employees may use the affidavit to enroll their partners in company benefits, demonstrating their shared life and financial responsibilities.
How to Obtain the Joint Affidavit of Domestic Partnership
To obtain a Joint Affidavit of Domestic Partnership, couples typically need to follow these steps:
- Visit a Notary Public: Couples should find a licensed notary public who can assist in drafting and notarizing the affidavit.
- Prepare Required Information: Both parties must provide personal details, including full names, addresses, and the duration of cohabitation.
- Sign in Presence of Notary: Both individuals must sign the affidavit in the presence of the notary, who will then notarize the document.
How to Fill Out the Joint Affidavit of Domestic Partnership
Filling out the Joint Affidavit requires attention to detail. Couples should include:
- Full Names: Both partners must write their legal names as they appear on official identification.
- Address: The shared residence address should be clearly stated.
- Duration of Cohabitation: Clearly indicate how long the couple has lived together, ensuring it meets the five-year requirement.
Steps to Complete the Joint Affidavit of Domestic Partnership
Completing the Joint Affidavit involves several steps:
- Gather necessary documents, such as identification and proof of residence.
- Draft the affidavit, ensuring all required information is included.
- Schedule an appointment with a notary public.
- Review the document for accuracy before signing.
- Sign the affidavit in the presence of the notary.
- Obtain copies of the notarized document for personal records.
Who Typically Uses the Joint Affidavit of Domestic Partnership
This affidavit is commonly used by:
- Couples in Long-Term Relationships: Those who have lived together for an extended period and wish to formalize their partnership.
- Same-Sex Couples: Individuals in same-sex relationships seeking legal recognition of their partnership.
- Couples with Children: Parents who want to ensure their family’s legal standing and access to benefits.
Legal Use of the Joint Affidavit of Domestic Partnership
The Joint Affidavit holds legal significance in various contexts:
- Marriage Proceedings: It can be presented as evidence of a long-term partnership when applying for marriage.
- Benefit Enrollment: Employers may require the affidavit to enroll partners in health insurance or other benefits.
Key Elements of the Joint Affidavit of Domestic Partnership
Essential components of the affidavit include:
- Identification of Parties: Full names and addresses of both partners.
- Statement of Cohabitation: A declaration of living together as partners for the required duration.
- Signatures: Both partners must sign the document in the presence of a notary.
Examples of Using the Joint Affidavit of Domestic Partnership
Real-world scenarios where the affidavit is beneficial include:
- Health Insurance Enrollment: An employee uses the affidavit to add their partner to their health insurance plan.
- Marriage Application: A couple presents the affidavit to the local civil registrar to marry without a license.
