The Family Code of the Philippines defines marriage as a special contract of a marital relationship between a married couple to build a family together. The husband and wife are both responsible to live together, observe mutual love, respect and fidelity, and render mutual help and support to each other. However, when one of the spouses neglects his or her marital obligations, the aggrieved spouse may file the petition for legal separation to the court.
What is a Legal Separation?
Legal separation is a judicial process that allows married couples to live separately. However, unlike annulment and divorce, their marriage cannot be dissolved and both parties are not allowed to remarry. Legal separation focuses on the rights and obligations of spouses, meaning they are still recognized as husband and wife.
What are the Grounds for Legal Separation in the Philippines?
In accordance with Article 55 of the Family Code, a petition for legal separation may be filed because 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 (6) 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 (1) year.
Who May File for Legal Separation in the Philippines?
Either of the spouses may file for legal separation. According to Article 57 of the Family Code, an action for legal separation must be filed within five (5) years from the occurrence of the cause. Additionally, such an action shall not be tried before at least six (6) months have elapsed since the filing of the petition, in accordance with Article 58 of the Code.
What are the Requirements for Legal Separation in the Philippines?
The following are the required documents when processing legal separation:
- NSO copy of marriage certificate, must be obtained within six (6) months from the filing of the petition;
- PSA birth certificate of their child/children, if applicable and must be obtained within six (6) months from the filing of the petition;
- Copy of marriage settlement or prenuptial agreement, if applicable;
- Copy of custody and support agreement, if applicable ;
- Inventory of both parties’ properties and of the absolute community of property or conjugal property;
- List of witnesses; and
- Other supporting documents.
How Do You Process a Legal Separation in the Philippines?
To process a legal separation in the Philippines, the petitioner must follow these procedures:
- Prepare and File the Petition. The petition shall be filed in the Family Court of the province or city where both parties have been residing for at least six (6) months from the date of filing. After filing the petition, the petitioner and the respondent are entitled to live separate from each other.
- Service of Summons. Once the petition is filed, the court will issue a summons to the respondent. If the respondent cannot be located, the summons will be published in a newspaper with the permission of the court.
- Response from the Spouse. The respondent shall file his/her response within fifteen (15) days from the date of issuance of summons, or within thirty (30) days from the last issue of newspaper publication of the summons.
- Court Proceeding. During the court proceeding, both parties may present evidence and have witnesses to support their claims and defenses.
- Court Decision. With the provided evidence and statements, the court will evaluate the case and make a decision based on family law and jurisprudence.
- Issuance of the Decree. If granted, the court will issue a Decree for Legal Separation and make orders regarding child custody, support, and conjugal property division.
How Long Does the Legal Separation Process Take in the Philippines?
In the Philippines, the process for legal separation generally takes several months to a year or even longer, depending on the complexities of the case and court’s schedule. It is advisable to consult with a lawyer who specializes in family law for assistance with the process.
What are the Effects of Legal Separation?
The decree of legal separation have the following effects:
- Both spouses are entitled to live separately from each other, but the marriage bonds shall not be severed;
- If the couple is married under absolute community or the conjugal partnership of gains, their conjugal properties must be dissolved and liquidated. However, the guilty spouse have no right to any share of the net profits earned during the marriage, in accordance with the provisions of Article 43 of the Family Code;
- The custody of their minor child/children must be given to the innocent spouse, outlined in the provisions of Article 213 of the said Code; and
- The guilty spouse must be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the guilty spouse written in the will of the innocent spouse shall be revoked by operation of law.
What are the Reasons Wherein the Court Should Denies the Petition?
According to the Article 56 of the Family Code, the court shall deny the petition for legal separation due to any of the following reasons:
- The aggrieved party has condoned the offense or act complained of;
- The aggrieved party has consented to the commission of the offense or act complained of;
- There is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
- Both parties have given ground for legal separation;
- There is collusion between the parties to obtain decree of legal separation; or
- The action is barred by prescription.
Moreover, processing a legal separation can be complex. It is advisable to consult with a lawyer who specializes in family law. They can provide legal advice, assist you in filing the petition, prepare the necessary documents, represent your interests in court, protect your rights, and help you reach a favorable agreement.
Need further information and assistance regarding Legal Separation? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
