I. Introduction

In the Philippines, many spouses remain together for years—even decades—despite serious problems in the marriage. Some live as husband and wife, raise children, acquire property, and present themselves publicly as a married couple. Later, one spouse may ask: Can the marriage still be annulled after years of cohabitation?

The answer is: it depends on the legal ground.

Philippine law distinguishes among:

Void marriages, which are considered legally nonexistent from the beginning;
Voidable marriages, which are valid until annulled by a court; and
Valid marriages, which cannot be annulled merely because the spouses no longer love each other, separated later, or cohabited unhappily.

Years of cohabitation do not automatically prevent a spouse from questioning the marriage. But in some cases, continued cohabitation may amount to ratification, which bars annulment. In other cases, especially where the marriage is void from the beginning, cohabitation generally does not cure the defect.

This article discusses annulment, declaration of nullity, cohabitation, ratification, prescription, psychological incapacity, property effects, children, procedure, and common misconceptions under Philippine family law.

II. Annulment vs. Declaration of Nullity

A major source of confusion is the use of the word “annulment” to refer to all court cases that end a marriage. In Philippine law, there is an important distinction.

1. Declaration of Nullity of Marriage

A declaration of nullity applies to a void marriage. A void marriage is treated as invalid from the beginning. The court does not “cancel” a valid marriage; it declares that no valid marriage existed in the first place.

Common examples include:

Bigamous or polygamous marriages;
Incestuous marriages;
Marriages void for reasons of public policy;
Marriages where one or both parties lacked essential or formal requisites;
Marriages where one spouse was psychologically incapacitated under Article 36 of the Family Code.

2. Annulment of Marriage

An annulment applies to a voidable marriage. A voidable marriage is valid until a court annuls it.

Common grounds include:

Lack of parental consent for a party aged 18 to 21 at the time of marriage;
Insanity;
Fraud;
Force, intimidation, or undue influence;
Impotence;
Serious and incurable sexually transmissible disease.

For voidable marriages, the law often imposes strict time limits and may treat continued cohabitation as ratification.

III. Can Years of Cohabitation Bar Annulment?

Yes, for some voidable marriages, years of cohabitation may bar annulment because the law treats continued voluntary cohabitation as confirmation or ratification of the marriage.

But for void marriages, years of cohabitation generally do not make the marriage valid.

The key question is: What is the legal ground being invoked?

IV. Void Marriages: Cohabitation Usually Does Not Cure Invalidity

A void marriage is invalid from the beginning. Since it never became valid in the eyes of the law, continued cohabitation usually cannot validate it.

A. Lack of Essential or Formal Requisites

Under the Family Code, the essential requisites of marriage are:

Legal capacity of the contracting parties; and
Consent freely given in the presence of the solemnizing officer.

The formal requisites are:

Authority of the solemnizing officer;
A valid marriage license, except in cases where a license is not required; and
A marriage ceremony where the parties personally declare that they take each other as husband and wife before the solemnizing officer and witnesses.

If an essential or formal requisite is absent, the marriage may be void, subject to specific exceptions.

Years of cohabitation do not supply an absent essential requisite. For example, if one party was already legally married to someone else at the time of the second marriage, living together for many years with the second spouse does not make the second marriage valid.

B. Bigamous or Polygamous Marriages

A subsequent marriage contracted while a prior valid marriage still exists is generally void. Cohabitation in the second marriage does not cure bigamy.

However, Philippine law has special rules involving:

Declaration of presumptive death;
Subsequent marriages after disappearance of a spouse;
Judicial declaration of nullity of the first marriage before remarriage.

A person cannot simply assume that a first marriage is void and then remarry. Even if the first marriage appears defective, a judicial declaration may be necessary before entering into another marriage.

C. Incestuous Marriages and Marriages Void by Public Policy

Certain marriages are void because the law prohibits them absolutely. Examples include marriages between close blood relatives and other relationships declared void for public policy reasons.

No amount of cohabitation can validate these marriages.

D. Psychological Incapacity Under Article 36

Article 36 of the Family Code provides that a marriage contracted by a party who, at the time of the celebration of the marriage, was psychologically incapacitated to comply with the essential marital obligations is void, even if the incapacity becomes manifest only after the marriage.

This is one of the most commonly invoked grounds in Philippine marriage nullity cases.

Years of cohabitation do not automatically defeat an Article 36 case. The law itself recognizes that psychological incapacity may become apparent only after the wedding. A couple may live together for years before the incapacity becomes undeniable.

However, long cohabitation can affect the evidence. The court may ask:

Did the parties actually function as spouses for many years?
Were the marital problems ordinary difficulties, or signs of a deeper incapacity?
Was the alleged incapacity already existing at the time of marriage?
Is the incapacity serious enough to make the spouse truly unable, not merely unwilling, to perform essential marital obligations?
Is the case supported by specific facts, history, conduct, and credible testimony?

Thus, cohabitation does not automatically bar an Article 36 petition, but it may make the case more difficult depending on the facts.

V. Voidable Marriages: Cohabitation May Ratify the Marriage

Voidable marriages are different. They are considered valid until annulled. Because they are capable of ratification, the law sets time limits and recognizes acts that confirm the marriage.

The most important ratifying act is often free cohabitation after the defect has ceased or after the injured party has discovered the defect.

A. Lack of Parental Consent

If a party was 18 to 21 years old at the time of marriage and lacked required parental consent, the marriage is voidable.

The action may be brought by:

The party whose parent or guardian did not give consent, within a legally prescribed period after reaching 21; or
The parent or guardian before the party reaches 21.

However, if the party freely cohabits with the other spouse after reaching the age of 21, the marriage may be considered ratified.

So, if the spouse was 19 at marriage, lacked parental consent, turned 21, and then continued living freely with the other spouse for many years, annulment on this ground may already be barred.

B. Insanity

A marriage may be voidable if either party was of unsound mind at the time of marriage.

The action may be filed by:

The sane spouse who had no knowledge of the insanity;
A relative, guardian, or person having legal charge of the insane spouse; or
The insane spouse after regaining reason.

But if the spouse who was insane later regains sanity and freely cohabits with the other spouse, the marriage may be ratified.

Also, if the sane spouse knew of the insanity and freely cohabited with the other spouse, annulment may be barred.

C. Fraud

Fraud can make a marriage voidable if it involves specific kinds of deception recognized by law.

Fraud under the Family Code includes such matters as:

Non-disclosure of a previous conviction by final judgment involving moral turpitude;
Concealment by the wife of the fact that she was pregnant by another man at the time of marriage;
Concealment of a sexually transmissible disease existing at the time of marriage;
Concealment of drug addiction, habitual alcoholism, homosexuality, or lesbianism existing at the time of marriage.

Not every lie is legal fraud for annulment purposes. Misrepresentations about wealth, employment, family background, personality, or affection generally do not automatically constitute fraud under the Family Code.

The action must be brought within the period provided by law after discovery of the fraud.

Importantly, if the injured spouse, with full knowledge of the fraud, freely cohabits with the other spouse, the marriage may be ratified.

Example: A husband discovers shortly after the wedding that his wife concealed a sexually transmissible disease existing at the time of marriage. If he nevertheless freely continues to live with her as husband and wife for years after discovering the fraud, annulment on that ground may be barred.

D. Force, Intimidation, or Undue Influence

A marriage is voidable if consent was obtained by force, intimidation, or undue influence.

The action must be filed within the period set by law after the force, intimidation, or undue influence disappears or ceases.

If the injured spouse freely cohabits with the other after the force or intimidation has ceased, the marriage may be ratified.

Example: A woman is forced into marriage under threats. If the threats later end and she voluntarily continues living with the husband as his wife for many years, annulment on this specific ground may be barred.

The key word is freely. If continued cohabitation occurred because of continuing fear, coercion, economic control, violence, or lack of real freedom, the court may examine whether there was genuine ratification.

E. Impotence

A marriage may be voidable if either party was physically incapable of consummating the marriage with the other, and such incapacity appears to be incurable.

This ground refers to physical incapacity to consummate, not mere refusal, lack of affection, incompatibility, or infertility.

Cohabitation may be relevant as evidence. If the spouses lived together for years and had normal sexual relations, the ground becomes difficult or impossible to prove. If they cohabited but never consummated the marriage because of incurable impotence, the case may still depend on medical and factual proof.

F. Serious and Incurable Sexually Transmissible Disease

A marriage may be voidable if either party was afflicted with a serious and apparently incurable sexually transmissible disease at the time of marriage.

This ground is distinct from fraud based on concealment of an STD. Even without concealment, the disease itself may be a ground if it meets legal requirements.

Cohabitation can affect proof and ratification depending on the facts, including knowledge, timing, and continued voluntary marital life after discovery.

VI. Prescription: Time Limits Matter

For voidable marriages, annulment actions are subject to legal periods. Failure to file within the required period may bar the case.

This is one of the most important reasons why a marriage may no longer be annulled after many years.

The exact period depends on the ground and who is filing the case. For example:

Lack of parental consent has age-based limitations;
Insanity has different rules depending on who files;
Fraud must be acted upon within the legal period after discovery;
Force, intimidation, or undue influence must be acted upon within the legal period after the coercion ceases;
Impotence and incurable STD have their own statutory periods.

In contrast, actions involving void marriages have historically been treated differently because a void marriage is considered invalid from the start. However, parties still need a court judgment for purposes of remarriage, property settlement, legitimacy issues, records, and legal certainty.

VII. Is Long Cohabitation Proof That the Marriage Is Valid?

Not necessarily.

Long cohabitation may show that the parties treated each other as spouses. It may create a presumption of marriage in some contexts, especially where the issue is whether a marriage ceremony occurred. But when there is an actual marriage certificate and a legal defect is alleged, cohabitation is only one part of the analysis.

Cohabitation may be relevant to:

Ratification of a voidable marriage;
Credibility of the alleged ground;
Whether the alleged incapacity existed at the time of marriage;
Whether the spouse truly lacked consent;
Whether the parties acquired property together;
Whether children were born during the union;
Whether the petition is being filed in good faith.

But cohabitation alone does not automatically make a void marriage valid.

VIII. Psychological Incapacity After Years of Marriage

Many nullity cases in the Philippines are filed under Article 36 after long marriages. This raises a common question: Can a marriage be declared void for psychological incapacity even after spouses lived together for many years?

Yes, it is possible, but not automatic.

A. Psychological Incapacity Must Relate to Essential Marital Obligations

The incapacity must concern the inability to comply with essential marital obligations, such as:

Mutual love, respect, and fidelity;
Living together as husband and wife;
Mutual support;
Care and support of children;
Responsibility toward the family;
Observance of the duties of marriage and family life.

Ordinary marital conflict is not enough. The court looks for a serious incapacity, not simply bad behavior.

B. It Must Exist at the Time of Marriage

The incapacity must be rooted in the person’s psychological condition at the time of the wedding, even if it became obvious only later.

This matters because a spouse who became abusive, irresponsible, addicted, or unfaithful only because of events after marriage may not necessarily fall under Article 36 unless the behavior is shown to be rooted in a pre-existing incapacity.

C. It Need Not Always Be Medically Diagnosed

Philippine jurisprudence has moved away from requiring a strictly medical or psychiatric diagnosis in every case. Expert testimony may be useful, but courts can also consider the totality of evidence, including testimony from relatives, friends, and the spouses themselves.

Still, credible factual evidence is essential. Bare allegations, general statements, or emotional accusations are insufficient.

D. Long Cohabitation Can Cut Both Ways

Long cohabitation may support the argument that the marriage functioned for many years. But it may also show a long pattern of dysfunction, abuse, abandonment, addiction, irresponsibility, narcissistic behavior, emotional immaturity, or inability to sustain basic marital duties.

The court will examine the entire marital history.

IX. Legal Separation Is Different

In the Philippines, legal separation does not dissolve the marriage bond. It allows spouses to live separately and may affect property relations, but it does not allow either spouse to remarry.

Grounds for legal separation include serious marital offenses such as:

Repeated physical violence;
Moral pressure to change religion or political affiliation;
Attempt to corrupt or induce the spouse or child into prostitution;
Final judgment sentencing a spouse to imprisonment of more than six years;
Drug addiction or habitual alcoholism;
Lesbianism or homosexuality;
Bigamous marriage;
Sexual infidelity or perversion;
Attempt against the life of the spouse;
Abandonment without justifiable cause.

Legal separation is not annulment. A legally separated spouse remains married.

Years of cohabitation can also matter in legal separation because reconciliation may affect the action.

X. De Facto Separation Is Not Annulment

Many Filipino couples separate informally and live apart for years. Some even start new families. But under Philippine law, mere separation does not dissolve the marriage.

A spouse remains legally married unless there is:

A decree of annulment;
A declaration of nullity;
A valid foreign divorce recognized in the Philippines in proper cases;
Death of a spouse;
Other legal basis recognized by law.

Thus, a person who has been separated for 10, 20, or 30 years is not automatically free to remarry.

XI. Foreign Divorce and Filipino Spouses

Philippine law generally does not allow divorce between two Filipino citizens within the Philippines. However, if a divorce is validly obtained abroad by a foreign spouse, and that divorce capacitated the foreign spouse to remarry, the Filipino spouse may seek judicial recognition of the foreign divorce in the Philippines.

This is not annulment. It is a separate proceeding involving recognition of a foreign judgment or decree.

Issues may arise where:

One spouse was a foreigner at the time of divorce;
One spouse became a naturalized foreign citizen before obtaining divorce;
The divorce decree must be proven under Philippine rules of evidence;
The foreign law allowing divorce must also be proven;
Philippine civil registry records need correction.

Years of cohabitation before the divorce do not necessarily prevent recognition, but the facts and timing matter.

XII. The Role of Children

An annulment or declaration of nullity can affect the legal status of children, but the law protects children in several ways.

A. Children of Voidable Marriages

Children conceived or born before the decree of annulment are generally considered legitimate.

B. Children of Certain Void Marriages

For some void marriages, particularly those involving psychological incapacity under Article 36, children conceived or born before the judgment of nullity are treated as legitimate under the Family Code.

C. Support and Custody

Annulment or nullity does not erase parental obligations. Parents remain responsible for support, custody, education, and welfare of their children.

Courts may decide:

Custody;
Visitation;
Child support;
Parental authority;
Protection of the child’s best interests.

The best interest of the child is the controlling consideration in custody disputes.

XIII. Property Consequences After Years of Cohabitation

Property issues become especially important when spouses have lived together for many years.

The applicable property regime may depend on:

Date of marriage;
Marriage settlement or prenuptial agreement;
Whether the marriage is valid, voidable, or void;
Whether the parties acted in good faith or bad faith;
Whether property was acquired through joint effort;
Whether children exist;
Whether there are debts and obligations.

A. Valid or Voidable Marriage Before Annulment

A voidable marriage is valid until annulled. Therefore, property relations generally operate as in a valid marriage until the decree.

Depending on the date and agreements, the regime may be:

Absolute community of property;
Conjugal partnership of gains;
Complete separation of property;
Other regime agreed upon in a valid marriage settlement.

B. Void Marriages

For void marriages, property relations may be governed by rules on co-ownership or special provisions of the Family Code, depending on the circumstances.

In many cases, wages, salaries, and property acquired through joint effort may be divided according to actual contribution or applicable legal presumptions. If one party acted in bad faith, that party may lose certain shares in favor of common children or the innocent party, depending on the applicable provision.

C. Family Home

The family home may also be affected by annulment or nullity proceedings. Courts may decide possession, ownership, and protection of the home, especially when children are involved.

D. Debts

Debts incurred during the marriage or cohabitation may also need settlement. The court may examine whether the debts benefited the family, were personal, or were incurred in bad faith.

XIV. Can a Spouse File After 10, 20, or 30 Years?

Yes, a spouse may still be able to file after many years if the legal ground is not barred.

Possible after many years:

Declaration of nullity based on psychological incapacity;
Declaration of nullity based on bigamy;
Declaration of nullity based on incestuous or prohibited marriages;
Declaration of nullity based on absence of essential or formal requisites;
Recognition of foreign divorce, if applicable.

May be barred after many years:

Annulment based on lack of parental consent;
Annulment based on fraud after discovery and continued cohabitation;
Annulment based on force or intimidation after coercion ended and voluntary cohabitation continued;
Annulment based on insanity if ratified;
Other voidable grounds where the statutory period has expired.

The longer the cohabitation, the more important it is to identify whether the case is truly one for annulment or one for declaration of nullity.

XV. Common Misconceptions

1. “Seven years of separation automatically annuls the marriage.”

False. Long separation does not automatically dissolve a marriage in the Philippines.

2. “If we have not lived together for years, I am single again.”

False. Separation does not restore single status.

3. “If my spouse cheated, I can get an annulment.”

Not necessarily. Infidelity may be relevant to legal separation or may be evidence in some psychological incapacity cases, but adultery or concubinage by itself is not automatically a ground for annulment.

4. “If my spouse abandoned me, the marriage is void.”

Not automatically. Abandonment may be a ground for legal separation and may be evidence in some cases, but it does not automatically void the marriage.

5. “A church annulment is enough.”

False. A church annulment may affect religious status, but it does not by itself dissolve or nullify the civil marriage under Philippine law. A civil court judgment is necessary for civil effects.

6. “A marriage certificate means the marriage can never be questioned.”

False. A marriage certificate is strong evidence of marriage, but it does not prevent a party from proving legal defects.

7. “Cohabitation always validates the marriage.”

False. Cohabitation may ratify some voidable marriages, but it does not generally validate a void marriage.

8. “Annulment is just a mutual agreement.”

False. Even if both spouses agree, the court must still determine whether a legal ground exists. Collusion between parties is prohibited.

9. “Having children prevents annulment.”

False. Having children does not automatically prevent annulment or nullity, though it affects custody, support, legitimacy, and property consequences.

10. “Psychological incapacity means mental illness.”

Not necessarily. Psychological incapacity is a legal concept. It may involve personality structure, deeply rooted dysfunction, or incapacity to assume essential marital obligations. It is not limited to insanity or psychosis.

XVI. Evidence Needed in Cases Filed After Long Cohabitation

The evidence depends on the ground, but commonly includes:

Marriage certificate;
Birth certificates of children;
Records of prior marriages, if any;
Death certificates, if relevant;
Court records, if relevant;
Medical records;
Psychological evaluation, if used;
Witness affidavits or testimony;
Communications showing abandonment, abuse, coercion, or fraud;
Police reports or barangay blotters;
Financial records;
Proof of property acquisition;
Proof of separation;
Proof of foreign divorce and foreign law, if applicable.

For Article 36 cases, courts often look at the totality of evidence, including the personal history of the spouse alleged to be incapacitated, family background, conduct before and during the marriage, and repeated patterns showing inability to perform marital obligations.

XVII. Procedure in Philippine Courts

A petition for annulment or declaration of nullity is filed in the proper Family Court.

The general stages include:

Preparation of petition;
Filing in court;
Payment of filing fees;
Service of summons;
Investigation by the public prosecutor to determine whether collusion exists;
Pre-trial;
Presentation of evidence;
Testimony of parties and witnesses;
Possible expert testimony;
Formal offer of evidence;
Decision;
Finality of judgment;
Registration of the decree with the civil registry and other required offices;
Liquidation, partition, and distribution of properties, when required;
Issuance of amended civil registry records.

A person should not remarry merely because the judge has issued a decision. The judgment must become final, and legal registration and related requirements must be completed.

XVIII. Collusion Is Prohibited

Philippine courts do not grant annulment or nullity merely because both spouses want it.

The State has an interest in preserving marriage. Therefore, the prosecutor is tasked with determining whether there is collusion between the parties.

Collusion may exist where spouses fabricate facts, suppress evidence, or agree to create a false ground to obtain a decree.

Agreement between spouses on practical matters, such as custody or property, is not automatically collusion. But inventing a ground is not allowed.

XIX. The Effect of Reconciliation

Reconciliation may affect certain actions.

In legal separation, reconciliation can terminate the case or affect the decree.

In annulment based on voidable grounds, voluntary cohabitation after the defect ceases or after discovery of the defect may ratify the marriage.

In declaration of nullity cases, reconciliation does not necessarily validate a void marriage, though it may affect the court’s factual appreciation of the alleged incapacity or defect.

XX. Cohabitation Before Marriage vs. Cohabitation After Marriage

Cohabitation before marriage is a separate issue.

Philippine law recognizes certain exceptional cases where a marriage license is not required, including marriages of parties who have lived together as husband and wife for at least five years and have no legal impediment to marry each other. This is sometimes called the “five-year cohabitation” exception.

However, this exception is strictly construed. The parties must actually have lived together as husband and wife for at least five years before the marriage and must have had no legal impediment during that entire period.

If one party was still married to another person during that period, the exception generally cannot apply because there was a legal impediment.

This issue can become important when a marriage is attacked for lack of a marriage license. If the parties falsely claimed the five-year cohabitation exception, the marriage may be vulnerable.

XXI. When Cohabitation Helps Prove Marriage

In some disputes, cohabitation may help prove that a marriage existed, especially where records are missing, destroyed, or incomplete.

Evidence may include:

Testimony of witnesses;
Public reputation as husband and wife;
Birth records of children;
Joint tax, employment, or government records;
Church or community records;
Photographs and correspondence;
Property documents identifying the parties as spouses.

But this is different from saying that cohabitation cures a legally defective marriage. Cohabitation may support proof that a marriage took place, but it does not automatically supply legal requisites that were absent.

XXII. Criminal and Civil Risks

A person who assumes that a marriage is invalid without a court declaration may face serious consequences.

A. Bigamy

Contracting a second marriage while a first marriage is still legally existing may expose a person to criminal liability for bigamy, unless the situation falls within a recognized legal exception.

A person cannot rely solely on personal belief that the first marriage was invalid.

B. Adultery or Concubinage

While marital relations have changed socially, adultery and concubinage remain offenses under the Revised Penal Code. A spouse who enters another relationship while still legally married may face legal risk, depending on the facts.

C. Property Disputes

Entering another relationship or acquiring property while still married can create complicated disputes involving the legal spouse, children, common-law partner, creditors, and heirs.

D. Succession

If a person dies while still legally married, the surviving spouse may have inheritance rights unless disqualified by law or affected by a valid judgment.

XXIII. Practical Analysis: How to Determine Whether a Marriage Can Still Be Annulled After Years

The legal analysis usually follows these questions:

1. Was the marriage void or merely voidable?

This is the central question. Void marriages are treated differently from voidable marriages.

2. What specific ground exists?

There must be a legal ground. Unhappiness, incompatibility, loss of affection, or long separation is not enough.

3. When did the defect exist?

For many grounds, the defect must exist at the time of marriage.

4. When was the defect discovered?

This is crucial for fraud and other voidable grounds.

5. Did the parties freely cohabit after discovery or after the defect ceased?

If yes, annulment may be barred for certain voidable grounds.

6. Has the prescriptive period expired?

Voidable grounds have time limits.

7. Is there enough evidence?

Courts require evidence, not mere allegations.

8. Are there children and properties?

The petition must address custody, support, legitimacy, property relations, and related consequences.

9. Is there any risk of collusion?

The court and prosecutor will examine whether the petition is genuine.

10. Has either spouse remarried or obtained foreign divorce?

These facts can significantly change the legal strategy.

XXIV. Illustrative Scenarios

Scenario 1: Bigamous Marriage After 15 Years

A man marries a woman while his first marriage is still valid. He lives with the second wife for 15 years and they have children.

The second marriage is generally void. The 15 years of cohabitation do not validate the bigamous marriage. A declaration of nullity may still be pursued, but property and children’s issues must be resolved.

Scenario 2: Fraud Discovered Early, Cohabitation Continued

A wife discovers one year after the wedding that her husband concealed a serious condition that may constitute legal fraud. She continues living with him freely for 12 more years.

Annulment based on fraud may be barred by ratification and prescription, depending on the facts.

Scenario 3: Psychological Incapacity After 20 Years

A spouse files a petition alleging that the other spouse showed a persistent pattern of abandonment, addiction, violence, manipulation, and inability to assume family obligations, rooted in personality structure existing before marriage.

The long marriage does not automatically bar the petition. But the petitioner must prove that the incapacity existed at the time of marriage and was not merely ordinary marital misconduct.

Scenario 4: Lack of Parental Consent

A woman married at 19 without parental consent. She turned 21 and continued living with her husband for many years.

Annulment based on lack of parental consent would likely be barred because the marriage was ratified by free cohabitation after reaching 21.

Scenario 5: Informal Separation for 25 Years

A couple separated in fact for 25 years. Neither filed a court case. One spouse wants to remarry.

The marriage remains legally existing unless annulled, declared void, dissolved by death, or affected by a recognized foreign divorce in proper circumstances. Long separation alone does not permit remarriage.

XXV. Conclusion

A marriage may still be questioned after years of cohabitation in the Philippines, but the result depends on whether the marriage is void or voidable, what ground is invoked, whether the action has prescribed, and whether the marriage was ratified by free cohabitation.

For void marriages, such as bigamous, incestuous, psychologically incapacitated, or legally defective marriages, years of cohabitation generally do not cure the invalidity. The marriage may still be the subject of a declaration of nullity, subject to proof and procedural requirements.

For voidable marriages, such as those involving lack of parental consent, fraud, force, insanity, impotence, or serious incurable sexually transmissible disease, years of voluntary cohabitation may be fatal to the case. The law may treat continued cohabitation after the defect ceased or after discovery of the defect as ratification.

In Philippine law, cohabitation matters—but it does not answer the question by itself. The controlling issues are the legal ground, timing, proof, ratification, prescription, and the court’s determination of the facts.