Understanding Legal Separation in the Philippines
Dear PAO,
My husband has been cheating on me with several women for almost three years now. I considered filing an annulment case, but a friend told me that sexual infidelity is a ground for legal separation only, and not for annulment. I want to know the effects of this legal separation in the event that I decide to file a case. Thank you.
Camilla
Legal Grounds for Separation
Under the Family Code of the Philippines, a petition for legal separation can be filed on various grounds, including sexual infidelity or perversion.
Effects of Legal Separation
- The spouses are entitled to live separately while maintaining the marriage bonds.
- The absolute community or conjugal partnership will be dissolved and liquidated, with the offending spouse forfeiting any share of net profits earned.
- The innocent spouse is typically awarded custody of minor children, with exceptions for children under seven years old.
- The offending spouse is disqualified from inheriting from the innocent spouse via intestate succession.
Based on the law, legal separation does not dissolve the marriage ties but allows the spouses to live separately. The effects of legal separation are significant in terms of property rights, custody of children, and inheritance.
We hope this information clarifies the effects of legal separation in your situation. Please note that our advice is based on the details provided and may change with additional information.
