Our legal separation assistance provides a structured legal pathway for spouses to live apart and protect individual assets and safety without severing the marital bond. We offer expert guidance through the Philippine court system to ensure your rights to property, support, and child custody.
What You Should Know About Legal Separation in the Philippines
Under the Family Code of the Philippines (E.O. 209), legal separation is a remedy for spouses in distressed marriages who wish to end their common life and divide their properties, but are not seeking to invalidate the marriage itself.
Unlike annulment or declaration of nullity of marriage, legal separation does not allow the parties to remarry, as the marriage bond remains legally intact.
Grounds for Legal Separation
Under Article 55 of the Family Code, a petition for legal separation may be filed on any of the following grounds:
- repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
- physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
- attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;
- final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
- drug addiction or habitual alcoholism of the respondent;
- lesbianism or homosexuality of the respondent;
- contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;
- sexual infidelity or perversion;
- attempt by the respondent against the life of the petitioner; or
- abandonment of petitioner by respondent without justifiable cause for more than one year.
General Documentary Requirements
To file for legal separation in the Philippines, the required documents generally include a recent PSA marriage certificate, birth certificates of the child or children (if applicable), copies of marriage settlement or prenuptial agreement (if any), custody and support agreements (if any), an inventory of properties, a list of witnesses, and other relevant supporting documents.
Petition for Legal Separation Procedure (Overview)
To process a legal separation in the Philippines, the petitioner must file a petition with the Family Court where both parties have resided for at least six months. The court will issue summons to the respondent, who must file a response within the prescribed period, after which court proceedings are conducted where both parties may present evidence and witnesses. The court will then evaluate the case and, if granted, issue a Decree of Legal Separation with orders on child custody, support, and division of property.
What Duran & Duran-Schulze Law Does
As an expert in Family Law, Duran & Duran-Schulze Law assists clients in navigating the sensitive emotional and legal landscape of legal separation. We focus on providing legal support throughout the process, ensuring the fair partition of the conjugal partnership, and establishing clear custody and visitation arrangements for minor children.
Our Legal Separation Assistance and Other Related Services
We provide comprehensive assistance and legal services to guide clients through every aspect of legal separation in the Philippines:
Case Strategy and Grounds Identification
We analyze your unique case to select the most effective legal grounds under Article 55 and build a strategic roadmap for your petition. We ensure your case is legally sound from the start while protecting your long-term personal interests.
Property and Asset Liquidation Assistance
Our team inventories and values your conjugal or community assets to ensure an equitable and legally compliant division. We focus on securing your financial future and managing the forfeiture of shares where the law permits.
Child Custody and Support Advocacy
We also prioritize the welfare of your children by securing court-ordered custody arrangements and enforceable visitation rights. Simultaneously, we advocate for fair financial support to cover their essential needs.
Petition Drafting and Filing
We handle the preparation of all verified pleadings and supporting evidence to meet the strict procedural rules of the Family Court. This professional oversight minimizes the risk of technical dismissals and accelerates the filing process.
Court Representation
Our litigators provide steady advocacy during all hearings, managing everything from the mandatory cooling-off period to the final trial. We represent your interests during cross-examinations and court appearances.
How to Get Started
For inquiries on requirements, processes, and fees, contact Duran & Duran-Schulze Law at (+632) 8478 5826, (+63) 917 194 0482, or info@duranschulze.com, or simply complete the form on this page. Our office is located at 1210 High Street South Corporate Plaza Tower 2, 26th Street, Bonifacio Global City, Taguig, Metro Manila, Philippines.
Need to Consult a Lawyer?
You can book an online or in-person consultation with Atty. Wendy. Choose a 30-minute or 1-hour session, fill out the form with your information and preferred schedule, pay the fee via PayPal, and meet with the attorney at the scheduled time.
Atty. Mary Wendy A. Duran
Founding Senior Partner [Read Profile]
Family Law, Civil Law, Criminal Law, Special Proceedings, and Property law
Legal Separation FAQs
For your reference and guidance, here are some frequently asked questions about legal separation in the Philippines:
Legal separation does not dissolve the marriage, while nullity declares the marriage void from the beginning because it was invalid at the time it was celebrated.
Legal separation allows spouses to live apart but remain married, whereas annulment declares a valid marriage void due to defects that existed at the time of marriage.
No. Legal separation only entitles the spouses to live separately and divide their properties. Since the marriage bond is not dissolved, remarrying would constitute bigamy.
Yes. If the spouses reconcile, they can file a joint manifestation with the court to set aside the legal separation proceedings or the decree itself.
Either spouse may file for legal separation. The petition must be filed within five (5) years from the occurrence of the cause, and the case will not be tried until at least six (6) months after filing, as required by the Family Code.
The court will decide on custody based on the best interests of the child. Generally, the “innocent spouse” is awarded custody, though the court considers the age and preference of the child (if over 7 years old).
The legal separation process usually takes several months to a year or longer, depending on the complexity of the case and the court’s schedule. Consulting a family law lawyer is recommended to help manage the process and avoid delays.
