Legal separation is an act that one of the married couple files when one believes that their marriage is not working anymore. The latest trend of famous people nowadays is to get a divorce. But in the Philippines, divorce is not allowed, therefore many couples would opt for a legal separation instead. If you are interested more about legal separation in Philippines, here is a guide on what you need to know.
Legal Separation in Philippines 101
Many people are confused and may interchange the term legal separation from annulment. But the main difference is that, in legal separation, the couples are still considered as married to each other. Therefore when a chance of reconciliation occurs, they do not need to remarry anymore.
A petitioner for a legal separation must prove the allegations that are contained in the petition. You must have certain grounds for you to file for a legal separation. But during the course of the process, the court requires the pre-trial conference not more than 6 months from the filing of the petition. This period can give the couple a chance to change their mind. If not, the trial is then followed.
The Family code of the Philippines require that in order to file for a legal separation in Philippines, it must be filed on any of the following grounds: Repeated physical violence to their child or the child of the petitioner, physical violence or moral pressure to compel the petitioner to change religious or political beliefs, attempt of respondent to corrupt or induce the petitioner, their child or the child of the petitioner to engage in prostitution, or connivance in such corruption, drug addiction, lesbianism or homosexuality of the respondent, contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad, sexual infidelity, attempt by the respondent against the life of the petitioner, abandonment of the petitioner by the respondent without justifiable cause for more than one year.
It is also important to know that you must file for a legal separation within five years from the time these incidents happened. After you have filed, both spouses are to live separately from each other. If the couple has a child, under the provision of article 213 of the family code, the child will instantly be under the custody of the innocent spouse.
If in time, the couple decides to reconciliate, the final decree of legal separation will be set aside. A corresponding joint manifestation under oath duly signed by the couple will be filed with the court in the same proceeding for legal separation. But if the couple decides to reconciliate during the proceedings of the trial, the trial is then terminated, no matter what stage they are.
For all couples who feel that there is something wrong in their marriage, annulment is not always the solution, especially if you still want to reconcile with your partner. Make sure to get all information on all you need to know about legal separation in Philippines, to help you go on the right track.