Question: If I have cohabited with someone before and we separated, can I legally marry my current partner?

In the Philippines, cohabitation or living together without being legally married does not prevent a person from entering into a lawful marriage after the end of such a relationship. Unlike marriages, cohabitation does not require any formal legal proceedings such as annulment or legal separation when the relationship ends.

However, there are some key legal considerations to keep in mind:

Previous Marriages: If the person was previously married and only separated physically but not legally, they cannot remarry until the previous marriage is annulled or nullified. Marriage in the Philippines is governed by the Family Code, which strictly prohibits bigamy. Under Article 40 of the Family Code, the annulment or declaration of nullity of a previous marriage must be judicially obtained before entering into a new marriage.
Legal Separation: Legal separation does not terminate the marriage bond, but it only allows spouses to live separately and divide their assets. If a person is legally separated but not annulled or their marriage nullified, they cannot remarry.
Cohabitation: For couples who have only lived together without the benefit of marriage, no formal legal action is needed after separation. The end of cohabitation does not carry the same legal weight as a marriage does. Thus, if no marriage was involved, there is no legal impediment to marrying a new partner after the cohabiting relationship ends.
Children from Cohabitation: If the couple who cohabited had children, the custody, support, and inheritance rights of the children would still need to be addressed according to the law. The children born out of a cohabiting relationship are considered illegitimate under Philippine law, but they have rights to support and inheritance, although their inheritance rights are less compared to legitimate children.

In conclusion, if there was no prior valid marriage and the cohabitation ended, there is no legal hindrance to remarrying. However, if there was a previous marriage, the legal dissolution of that marriage must occur before a new marriage can be validly contracted. Always consult legal advice for specific cases to ensure compliance with the law.