Question: If I had a cohabitation with someone before, but we separated a long time ago, can I now marry my current partner?

In the Philippines, cohabitation, or living together without marriage, does not automatically prevent a person from marrying a new partner. However, it is essential to understand the legal context surrounding marriage, separation, and prior relationships under Philippine law.

Cohabitation vs. Marriage
Cohabitation is not legally equivalent to marriage in the Philippines. While the couple may have lived together, the relationship does not create legal marital obligations unless a valid marriage contract exists. Therefore, if you and your former partner were only cohabiting without being legally married, there is no legal obstacle from that relationship preventing you from marrying someone else.
Requirements for a Valid Marriage
To marry your current partner, the standard requirements of marriage must be met, which include:
- Legal capacity to marry, meaning both parties are at least 18 years old.
- No legal impediments, such as an existing valid marriage.
- Consent freely given during the marriage ceremony.
Separation vs. Annulment
If you were previously married to someone and separated, it is crucial to differentiate between a legal separation and an annulment or declaration of nullity. A legal separation does not dissolve the marriage; it only allows the spouses to live apart. The marriage remains valid, and neither party can remarry unless the marriage is annulled or declared void.
- Annulment declares a marriage void from the beginning for reasons such as psychological incapacity or lack of parental consent for underage marriages.
- Declaration of Nullity is for marriages that were void from the start, such as bigamous or incestuous marriages.
Effect of Prior Cohabitation
If the prior relationship was a simple cohabitation without a marriage contract, it does not need to be legally dissolved, as there was no marriage in the first place. Thus, you can marry your current partner as long as you meet the legal requirements mentioned above.
Considerations for Prior Legal Marriages
If you were previously married and have since separated, you must ensure that the prior marriage has been legally annulled or declared null. Entering into a new marriage without legally dissolving the previous one constitutes bigamy, which is a criminal offense in the Philippines.

In conclusion, if your past relationship was solely cohabitation without a marriage contract, you are legally free to marry again. However, if a legal marriage existed, you must ensure it has been properly annulled or declared void before entering into a new marriage to avoid legal complications.