Legal Separation

In the Philippines a decree of Legal Separation dissolves the conjugal partnership giving the spouses the right to live separately.

Unlike an Annulment a decree of legal Separation does not sever the bond of marriage and therefore does not allow the individuals to remarry.

The possible grounds for a petitioner to seek legal separation from a respondent include:

 ”(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent; (6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner;

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.”

Source: Family Code of the Philippines (Articles 55)

This is for reference only. You should seek professional advice.

More information: Family Code of the Philippines (Articles 55-67)

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