LEGAL SEPARATION

LEGAL SEPARATION

GROUNDS FOR LEGAL SEPARATION

1. Repeated physical violence or grossly abusive conduct directed against petitioner, a common child or a child of the petitioner

2. Physical violence or moral pressure to compel change in religious or political affiliation

3. Attempt to corrupt or induce petitioner to engage in prostitution or connivance in such corruption or inducement

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

5. Drug addiction or habitual alcoholism

6. Lesbianism or homosexuality

7. Subsequent bigamous marriage

8. Sexual infidelity or perversion

9. Attempt by despondent against the life of the petitioner

10. Abandonment for more than one year without justifiable cause



GROUNDS TO DENY LEGAL SEPARATION

1. Condonation

2. Consent

3. Connivance

4. Mutual fault

5. Collusion

6. Prescription – action for legal separation must be filed within five years from the time of the occurrence of the cause of action

EFFECTS OF SEPARATION

1. Spouses are entitled to live separately

2. Marriage bond is not severed

3. Dissolution of property regime

4. Forfeiture of the share of the guilty spouse in the net profits of the ACP/CPG

5. Custody of minor children to innocent spouse (subject to Article 213 which provides that parental authority shall be exercised by parent designated by the Court)

6. Guilty spouse is disqualified from intestate succession and provisions made by him in favor of the innocent spouse in a will shall be revoked

7. Innocent spouse may revoke the donation made by him in favor of the offending spouse. However, alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected.

8. Innocent spouse may revoke designation of guilty spouse as beneficiary in insurance policy even if such designation be stipulated as irrevocable

EFFECTS OF RECONCILIATION

1. Legal separation proceedings if still pending shall be terminated

2. Final decree of legal separation shall be set aside but the separation of property and any forfeiture of the share of the guilty spouse shall subsist unless the spouses agree to revive their former property regime