Legal Separation In The Philippines
Legal separation is an action taken by one spouse who believes that the marriage has no more hope of working. There is no divorce in the Philippines, and so, to get out of an unhappy or failing marriage, legal separation is the only recourse.
A husband or a wife may file a petition for legal separation based on one or several of the reasons listed in the Family Code. The first of these refers to repeated physical violence or abusive conduct. The receiver of such violence may be the petitioner, or the common child, or the child of the petitioner.
Another reason for filing a legal separation is moral pressure of physical violence to force the petitioner to change his religion or political affiliation. Another serious reason is when the respondent (the spouse of the petitioner) tries to induce or force their child (or the petitioner’s child) to be involved in prostitution.
A husband or wife may also file for legal separation if his or her spouse has been sentenced to imprisonment of more than six years. Another reason for legal separation is when the respondents attempts to kill the petitioner, or is involved in drug addiction, habitual alcoholism, lesbianism or homosexuality, sexual infidelity or sexual perversion. Still another reason is when the respondent has abandoned the petitioner, without justifiable cause, for more than a year. Along with desertion, bigamy is also another good reason for filing legal separation. This is when the respondent marries another while still married to the petitioner.
There are also grounds that will make a petition for legal separation is denied. First among these is when the petitioner (also called aggrieved party) has condoned to the offense that was being complained of. This means that when a woman marries a man, who already confessed his homosexuality before their marriage, the woman’s petition for legal separation on the grounds of homosexuality will be denied. Another reason is when the petitioner has consented to the offense of the respondent.
To exaggerate, a drug pusher’s petition for legal separation against his or her spouse who is a drug addict will be denied. The court will also deny a petition if both parties wanted the legal separation. This will be taken as connivance between the parties.
Another thing to remember is that the petition for legal separation must be filed within five years of the occurrence of the complaint.
It is ridiculous to file a legal separation petition on the grounds of physical violence that happened ten years ago. Some would think that the process for this legal action is slow. Well, it may be slow. But Article 58 of the Family Code specifically stated that no action for a legal separation will be taken before six months have passed since the petition was filed. In the meantime, the court will attempt to reconcile the spouses.
Tags: Family, Broken Family, Seperation, Philippines, Legal Seperation, Philippines Divorce
11 Responses to “Legal Separation In The Philippines”
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Can a 68-year old husband still file for a separation from his wife? My brother has put up with this misery for 40-some years because he wanted to be there for his children. They all finished college and have their own lifes. You would think that everything is better now, as the years went by. Kids are grown up, and have their own kids. But the wife remains bitchy. My brother just wants to be free from that miserable existence, before he checks out of this world. If he only has a year before then, he would like to experience a different lifestyle, enjoy it. That is a lot better than getting stuck in that rut of an existence.
I don’t think it is too late. He did his best to be a husband and father. Turns out that the wife and children are all ingrates! No appreciation of what this man has done to get them where they are now.
where can i get application form for legay separation?
Thank you very much
can i file a legal separation with my husband?we are seaparated for almost 4 years.And he is with another girl.
i left my husband last february 7, 2008 because of infidelity and the kind of lifestyle he was living. it is been seven months now and no financial support is provided to our two children. one of our children is diagnosed in the spectrum of autism and that means special attention is very much need. i also do not have a regular income to support and provide for both kids. he claims he also do not have any job though he still lives a bachelor life, where he parties and drinks with friends and womanize i doubt that he does not have work, how does he supports his kind of life when he can not even provide for the basic needs of his children. please advise what must i do.
i can be reached thru my email.
thank you.
Just want to ask SIR, when one has charged of bigamy, what are the possible sunctions or penalties awaits her/him? Thank you and more power.
How long it usually takes for legal separation to take place? And what evidences do I need to submit if the ground is drug addiction that happens say, 5 yrs ago and until now, the husband has untowards behavior? Kindly advised! Thanks
i just wanted to ask if i can apply for legal separation since my husband physically violated me and attempts to kill me with a knife. there are also lots of times he is not listening to me and prefer to listen to his older siblings and mother tahn to his wife. he prefers to provide money or financial support for gambling of the mother’s boyfriend and debts, even if we don’t have enough money for our family, food and milk for the child. can i apply for legal separation if he hits me with a chair and attempt to kill me 5 months ago and wasn’t able to provide a medical evidence for future application for legal separation?
and if i can, how much would a legal separation would cost me?
can i file a legal separation with my wife?we are separated for almost 3yrs.since my wife physically violated me,and so,to get out of an unhappy or failing marriage.
we have been separted with my husband for a year now, without any support for the kids, he had a child with oher woman… i am filing for a legal separation, cud the evidence make my petition fastre? and how long wud it take and how much wud it cost me?
how long does a legal separation usually takes?..been separated from my husband for almost a year..been wanting to have legal separation w/ him..how much will it take for me to undergo this procedure..really need your help pls do reply soon.
thanks
I have been separated with my husband for almost 9 years now and due to financial constraints, we were not able to file a legal separation. My ex-husband has a family of his own with three children. Under Philippine Law and based on the new family code, are we considered separated? though not legally. Our daughter has been with me since the separation and my ex-husband is not religiously giving allotment. What would be the best thing that I can do about this? My ex-husband is presently employed with the Philippine National Police, in case this info may help. If I will file for legal separation, will his cohabitation with another woman and having children with her, a valid ground for such? How long would it take and how much? Is it true that I can ask the help of DSWD so as not to spend that much on legal fees. Thank you very much for helping me out.