Legal separation

LAW EACH WEEK

What are the grounds for legal separation?

1. Repeated Physical violence or grossly abusive conduct against petitioner, common child, child of petitioner;

2. Attempt to corrupt or induce petitioner, common child, child of petitioner to engage in prostitution, or connivance in such corruption or inducement;

3. Attempt by respondent against Life of petitioner;

4. Final judgment sentencing respondent to imprisonment of more than 6 years;

5. Drug Addiction or habitual alcoholism of respondent;

6. Physical violence or moral pressure to Compel petitioner to change religious or political affiliation;

7. Bigamous marriage Subsequently contracted by respondent in the Philippines or abroad;

8. Sexual Infidelity or perversion;

9. Lesbianism/homosexuality of respondent (Note: It must exist after celebration of marriage);

10. Abandonment of petitioner by respondent without justifiable cause for more than 1 year.

What are the grounds for denial of petition for legal separation?

1. Condonation of act complained of;

2. Consent to the commission of the offense/ act;

3. Connivance in the commission of the act;

4. Collusion in the procurement of decree of Legal Separation;

5. Mutual guilt;

6. Prescription: 5 yrs from occurrence of cause;

7. Death of either party during the pendency of the case (LapuzSy v. Eufemio, G.R. No. L31429, Jan. 31, 1972);

8. Reconciliation of the spouses during the pendency of the case (Art. 56, Family Code).

What is the prescriptive period for filing a petition for legal separation?

An action for legal separation shall be filed within five years from the time of the occurrence of the cause (Art. 57, Family Code). An action filed beyond that period is deemed prescribed.

What are the effects of filing of a petition for legal separation?

  1. The spouses shall be entitled to live separately from each other.
  2. In the absence of an agreement between the parties, the court shall designate either the husband or the wife or a 3rd person to administer the absolute community or conjugal partnership property.