I.

Based on the experiences of the previous speaker, it can be concluded that cohabitation is correlated
with greater like hood of unhappiness and violence in the relationship which make the couple at risk for
later separation or divorce – which is sadly not supported by laws in the Philippines.

II. With that being said, I’m going to explain why laws in the Philippines do not actually suggest
cohabitation to couples. First, cohabitation or live in is mainly not recognized as valid in the country
because under our laws, one of the formal requisites of marriage is marriage ceremony where the
contracting parties appear before the solemnizing officer, with their personal declaration that they take
each other as husband and wife in the presence of not less than two witnesses of legal age. However,
articles 147 and 148 of the Family Code of the Philippines governs property regime of unions without
marriage.

III. These articles merely regulate the property rights of parties involved but these do not give legal
sanction to “live in” relationships. Governed by article 147 of FCP, property acquired shall be governed
by rules on equal co-ownership. Meaning, all pieces of property acquired during the union of the couple
are presumed to be co-owned by both of them in equal shares, unless there is proof telling otherwise.
Under the article 148 of FCP, the property that will redound to each shall be in proportion to their
respective contributions. If there is no proof to the contrary, their respective shares are presumed to be
equal. Now you may think that this is actually an advantage, but no, it’s not really good at all because
most cohabiting couples argue about the properties they acquire during their relationship. I actually had a
lot of clients already who dealt with this issue.

IV. Marriage is mandatory to raise family and children. Governed by article 1 of the Family Code of the
Philippines, a couple must be married in order to establish a conjugal and family life. Well yes,
cohabiting couples can still have children, but they have to face a lot of consequences involving the laws
in times of trouble or unexpected situations because what’s going on between their families is not
supported by the laws existing in our country.

V. Marriage proceeding cohabitation often times result in lower marital quality. I handled about 10-15
clients who were married from cohabitation and wanted to separate after years. This is due to they
accidentally remove the excitement surrounding living together for the first time. Since they have been
cohabiting for a certain period of time and then get married, it is like going back to the everyday life and
normal routines, nothing special and there is no novelty. So, this then results to separation. Some actually
want to file a divorce but unfortunately, the Philippine courts forbid it under the Family Code of Laws.
Women view cohabitation as a step toward marriage whereas men see it as a way to test a relationship or
postponed their commitment. Thus, this so-called test-driving left down a deep prejudice to one another
especially to the girls which then result in mental torture.

VI. In a civil context, a cohabiting couple’s relationship is not approved in legal position by laws and
certainly they do not automatically have their right to help each other in medical emergencies, to benefit
from each other’s retirement plans or to inherit each other’s property even though they are firmly believe
that one another as their so-called true lovers. Marriage from cohabitation also leads to separation,
annulment, or divorce, which is a very long and complex process involving us lawyers and the court.