Within five (5) years from the date the decision granting the petition for legal separation has become final, the innocent spouse may file a petition under oath the same proceeding for legal separation to revoke the donations in favor of the offending spouse. [See Procedure / Steps in Legal Separation Cases]
Continue readingThe Family Code explicitly provides that no legal separation may be decreed unless the court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable (Article 59). Reconciliation, therefore, is highly encouraged. The spouses may reconcile even when the petition for legal separation is pending or when a favorable judgment has been issued (see Procedure / Steps in Legal Separation Cases). In case of reconciliation, the spouses must file a joint manifestation, duly signed and under oath, in the same proceeding for legal separation.
Continue readingThe property relations between the spouses is one of the main issues in a petition for legal separation (see Procedure / Steps in Legal Separation Cases). In case the petition is granted, the court orders the liquidation of the property regime between the spouse.
Continue readingThere are two legal actions affecting the marital bond between the husband and wife under Philippine laws. One is annulment of marriage, for marriages considered as valid until nullified based on specific grounds. The other action is declaration of nullity of marriage, for marriages that are void from the very beginning.
Continue readingA marriage license is issued by the local civil registrar of the city or municipality where either contracting party habitually resides (Article 9, Family Code). A marriage license is a a formal requisite of marriage (see Essential and Formal Requites of Marriage), without which the marriage is considered void from the beginning (see Grounds for Declaration of Nullity of Marriage). However, a marriage license is not required in certain instances, as follows:
Continue readingMarriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Family Code.
Continue readingAnnulment and declaration of nullity are used interchangeably by lay persons, but these two concepts are different. Annulment refers to a marriage that is valid until annulled by a court, while declaration of nullity refers to a marriage which is void from the very beginning. There are separate grounds for annulment of marriage (enumerated below), declaration of nullity of marriage, and legal separation.
Continue readingA petition for legal separation may be based on any of ten (10) grounds, one of which is “abandonment of petitioner by respondent without justifiable cause for more than one year,” provided in Article 55 of the Family Code. Abandonment as a ground for legal separation has three components:
Continue readingThere are ten (10) grounds for legal separation, provided in Article 55 of the Family Code. Note that these are separate from the grounds for annulment and grounds for declaration of nullity of marriage. A petition for legal separation may be filed based on any of the following grounds:
Continue readingThere are a number of differences between legal separation and annulment/declaration of nullity. One of the differences, in terms of procedure, is the requirement of a “cooling off” period.
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