Short answer. No. Under Article 45 of the Family Code, the ground of lack of parental consent is lost if, after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife. Voluntary cohabitation after turning 21 ratifies the marriage and bars this particular ground.

What the law says

unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife

Family Code, Article 45 — Grounds for Annulment. Read the full provision →

Lack of parental consent as an annulment ground

Article 45(1) of the Family Code allows a marriage to be annulled if one party was between eighteen and twenty-one years old and the marriage was solemnized without the consent of the parents, guardian, or person having substitute parental authority over that party. This ground exists because the legislature recognized that very young adults may lack the full independence to resist family pressure — or the absence of it — when making the decision to marry. The protection is aimed at the person who married underage, not their spouse.

Why freely living together after 21 closes the door

The Family Code builds a cure directly into the ground: if the party who married without parental consent freely cohabited with their spouse after turning twenty-one, the law treats that as a voluntary ratification of the marriage. The reasoning is that once you are no longer a minor — no longer in need of your parents' consent — your own freely given decision to continue the marriage as an adult supersedes the defect that existed when you were younger. You had the opportunity to leave; choosing to stay together is treated as acceptance.

Both conditions must be met to close the ground

The bar to annulment requires two things to have happened after the party turned twenty-one: cohabitation must have been free — meaning voluntary, without force or intimidation — and the parties must have actually lived together as husband and wife. A brief or coerced continuation of the relationship does not automatically ratify the marriage. If you stayed only because you were threatened, or only maintained a nominal residence without genuine marital life, those facts may be relevant to whether the cohabitation was truly free. These are factual questions that depend heavily on the specific circumstances.

Other grounds may still be available

Losing the lack-of-parental-consent ground does not mean there is no path to annulment. Article 45 lists five other grounds — fraud, force or intimidation, physical incapacity to consummate, serious and incurable sexually transmissible disease, and psychological incapacity under Article 36. These are separate from the parental-consent ground and have their own factual requirements and prescription periods. If any of those grounds are present in your situation, the ratification of the parental-consent defect does not affect them. A thorough assessment of your marriage's specific circumstances is the right starting point for understanding which avenues remain open.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.