Topic 2 of 7
Philippine Legal Separation
Ask yourself
Can spouses live apart legally without ending their marriage?
Introduction
Not every troubled marriage needs to be dissolved. The Family Code allows spouses to obtain a decree of legal separation, which lets them live separately and divide their property while remaining married.
What is it?
Legal separation is a court decree that entitles spouses to live separately from each other. The marriage bond is not severed, so neither spouse may remarry. It mainly affects living arrangements, property relations, custody of children and inheritance rights.
Legal basis and applicable laws
- Family Code of the Philippines, Articles 55 to 67 — Legal Separation
- Republic Act No. 9262 — a VAWC case may be filed alongside (Section 19 exempts such cases from the six-month cooling-off period)
Important legal provisions
Article 55, Family Code — Grounds
(1) Repeated physical violence or grossly abusive conduct against the petitioner, a common child, or a child of the petitioner; (2) physical violence or moral pressure to compel the petitioner to change religious or political affiliation; (3) attempt to corrupt or induce the petitioner, a common child, or a child of the petitioner to engage in prostitution; (4) final judgment sentencing the respondent to imprisonment of more than six years; (5) drug addiction or habitual alcoholism; (6) lesbianism or homosexuality; (7) contracting a subsequent bigamous marriage; (8) sexual infidelity or perversion; (9) attempt against the life of the petitioner; (10) abandonment without justifiable cause for more than one year.
Article 57, Family Code
An action for legal separation shall be filed within five years from the time of the occurrence of the cause.
Article 58, Family Code
An action for legal separation shall in no case be tried before six months have elapsed since the filing of the petition (the 'cooling-off period').
Article 63, Family Code — Effects
The spouses may live separately but the marriage bonds are not severed; the property regime is dissolved and liquidated; the offending spouse loses their share in the net profits; custody of minor children is awarded to the innocent spouse, subject to Article 213; and the offending spouse is disqualified from inheriting from the innocent spouse by intestate succession.
Rights and responsibilities
Your rights
- The innocent spouse may live separately from the offending spouse.
- The innocent spouse may revoke donations made in favor of the offending spouse (Article 64).
- The innocent spouse may revoke the designation of the offending spouse as insurance beneficiary (Article 64).
- Spouses may reconcile at any time, which terminates the proceedings or sets aside the decree (Articles 65–66).
Your responsibilities
- Both spouses remain bound by the marriage and may not remarry.
- Both parents remain obligated to support their children.
- Spouses owe each other support during the pendency of the case (Article 198).
Legal procedures and remedies
- 1File a verified petition in the Family Court within five years from the occurrence of the ground.
- 2The court takes steps toward reconciliation (Article 59).
- 3The prosecutor ensures there is no collusion and that evidence is not fabricated (Article 60).
- 4The case is tried after the six-month cooling-off period.
- 5If granted, the decree is registered with the civil registry.
Important reminders
- 1Legal separation does not allow either spouse to remarry.
- 2Article 56 lists grounds for denial, including condonation, consent, connivance, mutual guilt, collusion and prescription.
- 3Reconciliation must be filed in court to take legal effect on property relations.
If you or your children suffer repeated violence or abuse, you have the right to seek legal separation — and protection orders under R.A. 9262 can be obtained without waiting.
Frequently asked questions
Can I remarry after legal separation?+
No. Legal separation does not dissolve the marriage. Only annulment, declaration of nullity, or a recognized foreign divorce in qualified cases allows remarriage.
Who gets custody of the children?+
Generally the innocent spouse, but always subject to the best interests of the child and Article 213, under which a child below seven years shall not be separated from the mother unless the court finds compelling reasons.
Legal references
- [1]The Family Code of the Philippines E.O. No. 209, Articles 55–67 — LawPhil
- [2]Anti-Violence Against Women and Their Children Act of 2004 Republic Act No. 9262, Section 19 — LawPhil
This page is for educational purposes only and does not constitute legal advice.