Legal separation in the Philippines
Marriage property and ties can be severed several ways.
Legal separation does not dissolve the marriage tie, but it separates the property regime and severs marital obligations. It is a proceeding where one of the spouses is found to be at fault.
Simply separating the properties in a no fault proceeding would also be possible, but that is through a distinct remedy called the judicial separation of property.
Legal separation is different from annulment or declaration of nullity where it is determined that the marriage is void or voidable.
Below are the steps for legal separation.
What is legal separation?
Legal separation is a court-approved separation of husband and wife. It is not a divorce and we do not have divorce in the Philippines. Under legal separation, the marital obligations and the property relations between the spouses are ended, but the marriage bond is not dissolved unlike in divorce or annulment.
What is legal separation?
Legal separation is often sought by spouses in order to legally sever their properties from each other, although there are other ways to do this.
What are the effects of legal separation?
The spouses become entitled to live separately from each other and their obligation of mutual support ceases.
The common property of the marriage is dissolved and liquidated, but the spouse at fault shall have no right to any share of the net profits earned by their common property. This share of the net profits is forfeited in favor of the children or the innocent spouse.
Legal separation lets spouses live apart and awards net profits to the spouse without fault.
Subject to court discretion on the best interests of the child, the custody of the minor children will be awarded to the innocent spouse.
The spouse at fault becomes disqualified from inheriting from the innocent spouse whether with or without a last will and testament.
How does a spouse avail of legal separation?
A petition may be filed at the Family Court by either the husband or the wife within 5 years of the occurrence of the ground for legal separation.
The first step is filing the petition at the family court.
What are the grounds for legal separation?
Legal separation can be granted when there are serious marital problems. Under the law, the grounds for legal separation are:
Habitual alcoholism is a ground for legal separation.
(a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(c) 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;
(d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(e) Drug addiction or habitual alcoholism of the respondent;
(f) Lesbianism or homosexuality of the respondent;
(g) Contracting by the respondent of a subsequent bigamous marriage, whether in or outside the Philippines;
(h) Sexual infidelity or perversion of the respondent;
(i) Attempt on the life of petitioner by the respondent; or
(j) Abandonment of petitioner by respondent without justifiable cause for more than one year.
The petition must be filed in court within 5 years from the time of the occurrence of the particular ground/s for legal separation.
Unlike annulment, these grounds can have occurred during the marriage itself.
Unlike cases for nullity or annulment, these grounds occurred during the marriage and need not have existed before that.
Can a petition for legal separation be denied?
Yes. The following are the grounds for denying such a petition:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act complained of;
(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain a decree of legal separation; or
(6) Where the action is barred by prescription.
These deserve careful review.
Can your petition be denied?
Note ground (1) in particular. Condonation (forgiveness) may be either express or implied. Under Philippine law and jurisprudence, there is already implied condonation when, after a ground for legal separation becomes known, the couple resumes cohabitation as man and wife.
American cases provide the basis for our understanding of condonation.
This means that even if there were valid grounds for legal separation, if the spouses have sexual intercourse after the grounds became known then legal separation will not be allowed by the court.
Our jurisprudence on this point is lifted from old American cases:
“The legal separation may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adultery or concubinage. Where both spouses are offenders, legal separation cannot be claimed by either of them. Collusion between the parties to obtain legal separation shall cause the dismissal of the petition.
A detailed examination of the testimony of the plaintiff-husband, especially those portions quoted above, clearly shows that there was a condonation on the part of the husband for the supposed “acts of rank infidelity amounting to adultery” committed by defendant-wife. Admitting for the sake of argument that the infidelities amounting to adultery were committed by the defendant, a reconciliation was effected between her and the plaintiff.
As the husband resumed relations with the wife, condonation occured.
The act of the latter in persuading her to come along with him, and the fact that she went with him and consented to be brought to the house of his cousin Pedro Bugayong and together they slept there as husband and wife for one day and one night, and the further fact that in the second night they again slept together in their house likewise as husband and wife — all these facts have no other meaning in the opinion of this court than that a reconciliation between them was effected and that there was a condonation of the wife by the husband. The reconciliation occurred almost ten months after he came to know of the acts of infidelity amounting to adultery.
In Shackleton vs. Shackleton, 48 N. J. Eq. 364; 21 Atl. 935, it has been held that “condonation is implied from sexual intercourse after knowledge of the other infidelity. Such acts necessary implied forgiveness. It is entirely consonant with reason and justice that if the wife freely consents to sexual intercourse after she has full knowledge of the husband’s guilt, her consent should operate as a pardon of his wrong.”
In Tiffany’s Domestic and Family Relations, section 107 says:
Many court cases supported this interpretation of condonation.
Condonation. Is the forgiveness of a marital offense constituting a ground for divorce and bars the right to a divorce. But it is on the condition, implied by the law when not express, that the wrongdoer shall not again commit the offense; and also that he shall thereafter treat the other spouse with conjugal kindness. A breach of the condition will revive the original offense as a ground for divorce. Condonation may be express or implied.
It has been held in a long line of decisions of the various supreme courts of the different states of the U. S. that ‘a single voluntary act of sexual intercourse by the innocent spouse after the discovery of the offense is ordinarily sufficient to constitute condonation, especially as against the husband’. (27 Corpus Juris Secundum, section 61 and cases cited therein).
In the lights of the facts testified to by the plaintiff-husband, of the legal provisions above quoted, and of the various decisions above-cited, the inevitable conclusion is that the present action is untenable.
Consistently, conhabitation is interpreted as condonation.
Although no acts of infidelity might have been committed by the wife, We agree with the trial judge that the conduct of the plaintiff-husband above narrated despite his belief that his wife was unfaithful, deprives him, as alleged the offended spouse, of any action for legal separation against the offending wife, because his said conduct comes within the restriction of Article 100 of the Civil Code.
The only general rule in American jurisprudence is that any cohabitation with the guilty party, after the commission of the offense, and with the knowledge or belief on the part of the injured party of its commission, will amount to conclusive evidence of condonation; but this presumption may be rebutted by evidence (60 L. J. Prob. 73).
If there had been cohabitation, to what extent must it be to constitute condonation?
Single voluntary act of marital intercourse between the parties ordinarily is sufficient to constitute condonation, and where the parties live in the same house, it is presumed that they live on terms of matrimonial cohabitation (27 C. J. S., section 6-d).
Several cases are cited.
A divorce suit will not be granted for adultery where the parties continue to live together after it was known (Land vs. Martin, 15 South 657; Day vs. Day, 80 Pac. 974) or there is sexual intercourse after knowledge of adultery (Rogers vs. Rogers, 67 N. J. Eq. 534) or sleeping together for a single night (Toulson vs. Toulson, 50 Atl. 401, citing Phinizy vs. Phinizy, 114 S. E. 185, 154 Ga. 199; Collins vs. Collins, 193 So. 702), and many others. The resumption of marital cohabitation as a basis of condonation will generally be inferred, nothing appearing to the contrary, from the fact of the living together as husband and wife, especially as against the husband (Marsh vs. Marsh, 14 N. J. Eq. 315).
There is no ruling on this matter in our jurisprudence but we have no reason to depart from the doctrines laid down in the decisions of the various supreme courts of the United States above quoted.
There is no merit in the contention of appellant that the lower court erred in entertaining condonation as a ground for dismissal inasmuch as same was not raised in the answer or in a motion to dismiss, because in the second ground of the motion to dismiss. It is true that it was filed after the answer and after the hearing had been commenced, yet that motion serves to supplement the averments of defendant’s answer and to adjust the issues to the testimony of plaintiff himself (section 4, Rule 17 of the Rules of Court).”
This is a situation where old cases based on foreign social mores dictate the choices of today. The above discussion of old American sources was rendered by the Philippine Supreme Court in the case of Bugayong vs. Ginez way back in 1956. Social values have shifted in the last 60 years, but the condonation doctrine has not been overturned to this day. [It was lately cited by the Supreme Court in Busuego vs. Office of the Ombudsman Mindanao and Busuego, G.R. No. 196842, October 9, 2013.]
Consider also ground (4) for denying a petition for legal separation, “Where both parties have given ground for legal separation.” Consider what it means in practice.
Clean hands means that one spouse must have no fault.
The law demands that a spouse who seeks legal separation should come to court with “clean hands”. A marriage that has so broken down that both spouses have had extramarital affairs, or where each tried to murder the other, does not qualify for legal separation in the Philippines.
Somehow, this absurdity was meant in aid of marriage as “the foundation of the family” and “an inviolable social institution protected by the State.” In this case, by punishing two clearly unhappy people to remain bound together in matrimony and misery. It escapes me how turning marriage into a penalty uplifts it as a social institution.
When both parties are at fault, legal separation cannot be availed of.
In the meantime, the American states from which our law took its lead on these concepts have not remained static. Consider, for example, the marriage law of New Jersey, which revokes these grounds:
Recrimination, condonation and the clean hands doctrine are hereby abolished as defenses to divorce from the bonds of matrimony, dissolution of a civil union, divorce from bed and board or legal separation from a partner in a civil union couple, and if both parties make out grounds for a divorce, dissolution or legal separation, a decree may be granted to each; provided that nothing herein shall preclude or abrogate the responsibility of a party for the penalty provided by law for perjury or the subornation of perjury.
These disqualifications are no longer in force in at least some of the United States even as they have fossilized into hard standards in this country.
Unfortunately, these outmoded standards are still in force in the Philippines.
Practical considerations for a petition for legal separation
Anyone who wishes to file for legal separation needs to take time into account. One can expect a clear case for legal separation to be more straightforward than a case for nullity of marriage based on psychological incapacity, but it will still take time because a petition for legal separation has a cooling off period mandated by law.
A 6 months cooling off period is required before trial to give some time for reconciliation.
By law, the trial cannot commence until 6 months after the date of filing of the petition. This cooling off period is intended by the law to allow the parties to reconsider and reconcile. It is, again, in line with Philippine law’s inclination toward maintaining the marriage bond.
See also: How is the marriage property divided in legal separation?
See also: A simpler way to divide conjugal property
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I would like to know if i can file a legal separation case even if i am here abroad?
Yes.
Good day!
I have a Canadian Divorce Certificate which my husband filed on July 2018 and was granted on May 2019. I did not consent and did not sign the papers but it was still approved and he remarried a month after he got the papers. The Canadian court also mailed me a copy. The problem is, I’m not sure if was already granted a Canadaian Citizenship at the time of filling the divorce. We’re not on talking terms and have severed all ties years ago. We got married April 2017 here in PH, he was on permanent resident visa during that time and has been living in Canada for a year. He only came back for the wedding and left a few weeks after. We never lived together and don’t have any children together. Can I get this divorce paper recognize? Or should I file for a legal separation or annulment? I also have a family of my own now and we wanted to legalize everything and for me to not bear my ex’s last name anymore.
It would be very helpful to find out whether he became a Canadian before the divorce. Otherwise, an annulment (declaration of nullity) would be necessary.
Good day po, may tatanong lang po, im here abroad po at naka student visa, may partner po ako na gusto ko kunin the problem is legally married sya at may document na naka indicate na married kailangan daw po palitan ano po kaya pede gawin
We would need to know more about the situation to say whether a case for nullity of marriage is possible.
Hi Atty,
I am not living with my husband anymore for 11 to 12 years. We had a consensus agreement on the separation but we haven’t filed
any legal separation or annulment and we have no problems till now for 12 years. Now I will be getting a property and cash as an inheritance from my parents. Is this considered as conjugal property? If yes, what is the easiest and cheaper way to make sure my spouse will have no claim for it?
Inheritance acquired during the existence of the marriage is generally not considered conjugal property.
Good day Atty!
My Mother and my father have been separated for more than 16 years now, currently my Mother is France and my Father’s family lives here in the Philippines, Please can you kindly give me an advice as my Mom would want to file a legal separation? What are the informations and details or move we should do and kindly how much will it cost. Can my Mom file it in France? Is it possible as a Son I could file it here in Philippines for her? Thank you.
She would have to decide whether legal separation is the appropriate recourse.
There are other options: https://lawyerphilippines.org/2018/05/23/3-ways-to-legally-separate-philippine-marriages/
How to file a legal separation? My husband and I are separated for 7 months. We are married for 16 years. He is abusive and alcoholic. He has mental health condition also. What should I do?
Thank you.
Legal separation doesn’t end the marriage, it ends the property regime. Only annulment ends the marriage.
Hello atty.
I need some advice regarding to my wife affiar.
Since this marriage is not working anymore what legal action should i do?? Here’s the reason why.
Me and wife are married for 3years and i know that she has an affair and they have a baby. And then mere fact that they have adahil baby, i accepted it and take my name on his. My wife and her men are still seeing and communicating each other. I accepted it. And now i cannot take it anymore.
I’m sorry about the situation.
Send us an email at contact@lawyerphilippines.org and we will be happy to discuss your options if you wish.
Hello atty.
I need some advice regarding to my status, I married early
Since this marriage is not working anymore what legal action should i do??
You may also see our other articles on the website such as this.
If you’d like to speak directly to your situation, please fill out the form on our homepage at https://lawyerphilippines.org
Hello Attorney,
My husband and I separated (not legally) more than 10yrs ago, due to his continuous indidelity, no financial support for our kids and he also slapped me a couple of times. I raised our kids alone with not a single cent coming from him. Fast forward, my eldest is now a college graduate and the youngest is in nursing school. Since we separated, he had been living with his mistress in another place with their daughter. Can I still sue him for concubinage, as well as his mistress? By the way, I now have a partner of my own but we have no children.
Without being more familiar withe caae facts, it is difficult to say with certainty.
In general, a wife may sue a husband for concubinage. A husband may akso sue a wife for adultery.
The financial and emotional toll of these cases is considerable. Perhaps it may be best to consider simply obtaining an annulment to end the relationship and allow you both to be free.
good day! me and my husband got married last 2012 then got separated 2yrs. after. we have no communication since then and my son, who is now 7yrs. old, have no support from him. currently, he already has a partner and a daughter. may i know if i can file legal separation for this? if yes, what are the requirements and the estimated cost for this? thank you.
Sent an email.
Hello po I hope you can help me with my concern. I got Married po nung 2016 my ex husband Abandoned us last dec 2017 nagkanegosyo sya dahil sakin at ayaw na makinabang ako so he left me and opur daughter no support until now po ayaw nya magsupport gusto ko nalang po maging null and void ang marriage namin para po maging malaya sa isat isa sya din po naunang nagkarelasyon sa iba mag 2 years na po kaming di nag uusap mother ko lang po nakakusap nya. Desidido po ako.
And gusto po sana din na malegally adapt ng partner ko yung anak namin magkano po aabutin ng process at posible po kaya yun basta po pumayag ang ama ng bata?
Sent an email.
Can I file for legal separation? My husband and I have been married for only four years, but he has not supported me financially, despite him being a regular private school teacher. I also working in the same school as a probationary teacher. My husband does not give me his salary, but demands that I do all necessary house chores, esp.for his benefit and convenience. Also, he demands that I spend my money to support him, esp.after he has used all his monthly salary for taekwondo and for the debt that he owes, after sending money to his son-out-of-wedlock with his live-in partner years before we met.
Him supporting his son is not a problem for me. The child (now grade 9 teenager) has a right to that. What offends me the most is that he chats with ‘walkers'(prostitutes), and I have read a number of texts that indicate he misses a few of them, meaning, he has slept with them. When I confronted him about those messages, he simply raised hell and cursed me and shouted violently, threatening to hurt me. In order to keep the peace, and so not to disturb the neighbours, I would just shut my mouth and endure the pain. There are times he has hurt me physically, pulling my hair, hitting my arms, shoving me down on the bed. Once, I reported the physical abuse to the barangay office. My husband begged forgiveness, promising not to repeat it. But each time we have an altercation at home, and he has no logical epxlanation for using up all his salary, he would always shout at and curse me, even when I am the one supporting him financially.
I cannot endure this senseless relationship anymore. It’s making me lose my reapect for him and for the sacrament that we have received together. I feel he had just married me so he could enjoy his vices (gadgets, prostitutes, and good food and services from me), knowing that being from a conservative family, I will do everything to keep our marriage intact. Thank you and God bless!
Sent an email.
Generally speaking, what’s the length of time required on a legal separation. I know costs vary but, looking into both annulment and separation based off abandonment of over 10 years. If you could provide me with a little information on both, I would greatly appreciate it.
Girlfriend was married, then abandoned, and we’re looking at getting this taken care of immediately.
Sent an email.
Good morning, just wanted to get clarification that if you dropped or retracted a legal separation case against your spouse, would you need to have a reset or rescheduling of the hearing? Why should there be a reset of the hearing if the case was already dropped? Thank you.
Answered this.
Is it considered “…moral pressure to compel the petitioner to change religious or political affiliation” if my partner is an anti-vaxxer? I am considering for legal separation (I am also willing to be the “guilty” party in this – her not vaccinating our children). I am also willing to pay monthly expenses for our children.
I would like more details please.
Thanks.
Sent an email.
Hi attorney,
I need advise my husband and I got separated when she went to Dubai from there he had met a married woman and now they have a child. me and my husband weren’t able to conceive for the last 12 years of marriage, now he wanted to part ways with me and blaming me for my fault. what should I do, should I let him go. now were leaving in a same house but he is not the same guy I married as he was keep on thinking of his son
I sent an email.
hi attorney, I’m here in Jeddah Saudi Arabia. I want to file legal separation. I found out that my husband has a mistress and he got her pregnant, she’s now in the Philippines with their 7 months old. I’m a battered housewife also. And just recently he was asked to resign from his job due to frequent abseentism and tardiness at work.
Sent an email.
good day! I got married in 2010 and we separated in the year 2011 we got no child and until now I got no news, information where she is. I just like to ask how much do I need to prepare to cost me filing legal separation or even annulment of our marriage?
The cost differs per type of case and also depends on case facts.
I sent you an email further explaining this.
I’ve been separated from my husband for 8 years now and need some advice on how best to proceed with either legal separation or annulment. We have no communication since 2011 when my husband and his mistress live together. I am planning to loan in HDMF. Please advise me what legal should I do.
Sent an email.
I have been separated from my wife for 5 years now and need some advice on how best to proceed with either legal separation or annulment. There were many problems in the marriage and it lasted only 6 months. The final act was when she put a gun to my head and said she would shoot me. I decided at that point that it was time to leave.
I want to start a new life and relationship but I do not know where I stand legally with this.
Please advise as best as you can.
Sent you an email.
Hi. I need your help. My husband cheated on me in our own home last year. I caught him red-handed at home and even took photos and videos of them while asleep after a long night of inebriation. My husband was not wearing anything and the mistress was sleeping in her underwear. I also have other evidences. I filed for concubinage through regular filing, however, in a month decided to give an affidavit of dissidence, in the hope that he will change his immoral ways and prioritize at least being a father to my son. I even shared this decision with him after talking to him, to let him know I chose to forgive him as I want us to be still a family. But we never had any sexual contact since the cheating happened, as I cannot trust him anymore.
However, instead of trying to change, he has become worse and now lives with a new mistress in his parent’s home, supported and condoned by his whole family. I now support my son and have been raising him on my own. No support comes from the father, and I refuse to receive any as I don’t ever want to see him again. We have not reconciled since.
I am wondering if I could still file for legal separation, with infidelity as the same cause, since he now has a new mistress living with him. They are positively having sex as per my informants and living a scandalous life.
I hope you can reply to me. Thank uou.
Sent an email.
Hello Atty.
This issue is not mine but of my brother’s and his marriage. I know I don’t know much about their marriage, but I just wanna be able to get good legal advice on how to alleviate the miseries and emotional turmoil that my brother has been suffering for 6years now. Okay, to start my brother married a verbally abusive bitch,and my family has always been a bit distant from him ever since they got married. I often get news about their endless fights and arguments, and it seems that my brother js easily manipulated and therefore always takes in her bad behaviour. They have a son, but always have this bickering fights sparked by insecurities and jealousy, which later also resulted to my brother cheating on his wife. Yes, my brother did a bad thing which only made their marriage worst because his wife became more evil.and vengeful and abusive to the point of humiliating and demeaning my brother, destroying even his reputation and punishing him. My brother went on with the woman he cheated his wife with, and although his wife of course broke up with him, it didnt stop her from harassing my brother and contacting the mistress, but when my brother out of too much stress, gave in and decided fo reconcile and get back with his wife, she refused and said she no longer want my brother because he cheated on her but she wont stop bothering him and inteferring with my brother’s succeeding relationships. for a year my brother tried to get back with her, taking all the abuse in and all thr condemnation and manipulation just to earn her forgiveness, but he finally stopped chasing her when he found out she already have a relationship with another man…like as a revenge. So my brother went on with his life and got involves with another woman again, but then the wife(ex) shows up everytime and causw conflict, calling the new girlfriends mistressess and that my brother must be punished and not allowed to be happy. she also makes a fuss about him supporting their son which he also do whole heartedly, but he is only a tricycle driver and doesnt make much,all the more that the ex wife feels powerful over him. one time, my brother met another woman and verey serious this time, so as usual the ex wife again made scandalous fights embarassing the new girl as being the mistress and threatening my brother for legal cases because it seems she knows the relationship is a bit serious and my brother might really move in with this woman. So my brother approached the barangay captain and asked for assistance that maybe they can sign a paper and agree that they allow each other to live life peacefully…but for the last 3years, the wife would agree and my brother would send her money to come to the place where my brother is but never showed in the barangay hearings. four times my brother sent money but she never showed her face, but never stopped text-harassing my brother everytime she hears that my brother is seeing a woman…
Now the question is, what can my brother do?is there an end to his misery?It seems thst most of her(ex wife) threats are just manipulation and power tripping like what a narcissist would do to kill a person’s self-esteem. Is there a legal way of resolving this that is not so costly. And is there an immediate legal solution to this, because my brother already attempted suicide. He lives in a very laid back island living a very simple life..the ex wife works in another city but is always having eyes and ears for my brother so that his every move is monitored. Do you think this woman is a bit of a psycho?If he doesnt want my brother anymore, why continue to pester him and not just move on? it has been years since they got separated.
Please your advice is highly appreciated.
Hi:
If your brother wishes to end the marriage legally and they are both Filipinos, they must go through Annulment.
There is no other way to end a marriage.
I found my wife has been cheating through text. Is a picture of the text message on her phone (which i have access and know the unlock code) enough proof for charging Infidelity as basis for the legal separation case, or can this proof be taken against me as invasion of privacy.
Sent an email.
I have the same question. Can screenshots of text messages between my husband and his mistress be proof in courts of infidelity? What are other proofs needed to sue for adultery? My husband’s affair with a married woman has been going on for at least 13 years. We used to live abroad and he’s been back in the Philippines with a business for 18 years. Thanks.
Sent an email.
Im an OFW and my wife cheated on me while i was working abroad. I went back for vacation to personally talk to her if we can still save the marriage but she was certain that it cannot be saved anymore. Im outside of the country at the moment and i want to ask what’s the process of legal separation since divorce is too costly. We dont have kids. And as for the properties, we already agreed she take all the things i’ve given already.
Thanks in advance for replying
Sent an email.
Hi Attorney!
My husband had/has a gambling addiction. I really don’t know if he stopped already. It will take years for him to pay all those people he has indebted to because of gambling. I want to file for annulment but I don’t have any funds for it since he also took my savings. Can I file for a legal separation instead?
Legal separation can be just as expensive as annulment.
It depends on the case facts.
Can you save up for it?
Given your husband’s gambling addition, it may be best for you and any property that you have or hope to buy if you end the marriage.
My wife left me and wants to file for legal separation, for months before she left we were doing ok. Before i had physically abused her but we kept it a secret, we forgave each other. I do not want to lose her, and i want her to come back. Is there any law that would allow her to file and win a legal separation without me agreeing to it? Thank you so much.
Hi Marcus:
You can contest what she files.
But if an annulment is denied by the court, it is likely that it cannot be availed of again.
This means that should you one day wish to end the marriage and remarry, you would not be able to do so after a denial.
Hi Attorney,
I need your advice. Me and my ex-husband is separated since 2012, we do have communication since we have a daughter. The reason of our separation was repetitive of having a third party (or so called Kabit) and the worse part is he introduced my daughter to her mistress when my I am working in abroad. I don’t have any news if my ex-husband and his mistress are still together since last 2017. I want to file my annulment as soonest, but I don’t have that much saving and it its too expensive for me (Annulment fees Php200k). Honestly speaking, I have my own file together with my new partner and we want to get married as soon as my annulment was done. Hoping you can give me an advice especially if you knew the fastest and cheapest way on how to file an annulment
Sent you an email.
Dear Atty,
My husband and I are separated for 6 months now. We still leave on the same roof but with different rooms already. We are civil with each other but we rarely talk. I decided to separate from him because I fall out of love. I am emotionally battered. He never accepted my first child even from the start of our marriage we always fought about it because he doesn’t want me to be with my kid and because of that we keep it as a secret to everyone around us. During the death of my father he does not allow me to stay at his wake and during the time that my mother is having her last breath he never accompany me to be with her. From then on I still tried to hold on to our family until I saw on his phone that she is texting another girl. The last draw that makes me get out of the relationship is when he gets mad with my son for going to our house. Now I wanted to acquire some properties but I don’t want him to have anything to do with it. I also wanted to file for annulment? What shall I do? What is the fastest way to do that?
Sent an email.
Hi,
Good day Atty., Me and my husband have no proper communications for almost a year. We’re married for 2 years only, I don’t know how to explain it, but living with him has no direction. We have 1 child, a boy currently in his custody. I have a feelings he had already having relationship with other girls. And during our relationship, i found out also he has multiple girls. I ask him to have legal separation but he don’t want, I never receive any monetary for me and my kids before. Whats the best thing I can do, I want to end our marriage, but its very costly, is it really 200K above? Need some advise Atty.
Thank you so much!
Sent an email.
Good day!
My wife and I are not living together and has no communication for more than a year. How can i file for legal separation? I do not want to deny her freedom and mine so I am very interested in doing this process. Thank you.
Sent you an email.
Sent an email.
Good day, my partner has marriage vows when his just 21years old, they are 15years separated rigth now, his former wife have 3kids to other man, and me and my partner has 1kid, we are now 4years living together, we aare wishing to marry each other, but we dont know if it will be valid. How could their marriage be dissolved without spending too much? And without waiting for so long?
Sent an email.
hi Attorney,
we have been married for almost 3years now, ung husband ko wala ng na susweldo dahil marami syang loans both in government and in private lending companies as a result ako lahat nagbabayad ng bills sa bahay even his everyday expenses going to his work .my biggest problem is sobra sobrang bisyo nya na up to the extent na ung wedding ring namin nka pawn na and other jewelries with out my consent.and madami na rin syang inuutangang mga tao,since wala nman syang pambayad ako lagi ang ngbabayad sa mga utang nya dahil nakikiusap sya and promised na magbabago na..pero paulit ulit pa rin nyang ginagawa hangang ngayon.patulong po.i want to be separated from him.thank you in advance.
Sent you an email.
Hi atty. My sister would like to file a legal separation since her husband was cheating with another girl and she has proof on that. I would like to know how much will it cost to file legal separation. Thank you for taking time to read my comment.
Sent you an email.
Hi Attorney,
We got separated due to repetitive physical abuse and He doesn’t give enough support to our kids when he got drunk he even force me to have sex with him To some extend, He also threaded my work many times. Which is I am so frightened to him, He know’s my weakness and that is my job and my kids. I’m a working mom at home as home-based tutor, I was able to take care of my work. there is a times when we fight together sometimes he always punch and cut my internet connection. Additionally when he takes care of my child sometimes he tried to slap him that makes the child cried loudly. This action repeated many times. Until we have been agreed together to do separation. My eldest son is in him and I’m with my youngest son. my eldest son will be supported by his grandfather instead of my ex-husband because he hasn’t any job. I wanna know how, and I’m really on a budget but I’ll do my best to at least have a legal separation with this man because I can’t stand to have any sort of connection with him anymore. What do I need to do? and How much do I need to spend to do this? Thank you so much. I am hoping for your reply.
Hoping for your vert prompt and helpful response.
Thanks Attorney and God bless..
Sent you an email.
Hi. Just want to share the case of nmy sister. My sister already knew that her husband had third party relationship, and thought that it would changed when they got married. However, after 12 years he committed the same mistake. He had sex with a married woman and had a child now 7 month old. My sister had no child with her husband, and so se was angry when she found out that he and her woman had a child. I am very much sorry to know of her situation. I cannot even show her empathy, the best thing she now needs. It causes her distress.
She does not want also my family to know about this and always say, “Kaya pa”.
Is there a way for them to get separated in a legal way? Will it be a strong reason for them to get separated in having no child?
Please help as I want my sister to get out from this issue. I want her not to
Not having a child is not a ground. The only grounds are what are enumerated in this article.
Good day po Atty! Nag decide po kaming mghiwalay ng asawa ko dahil sa maraming hindi pagkakasundo. Nasa akin po yung bunso sa aming tatlong anak at ayaw po nyang magbigay ng suporta. Paano ko po i-claim yung rights ko for equal financial support? Isa po syang regular government employee.
Thank you and more power!
Child support is defined by the needs of the child and the income of the father.
It does not necessarily mean 50% – the court alone can determine the amount.
Magandang araw po attorney,kailangan q lng po ng legal advice regarding sa sitwasyon ko ngayon,2016 po nag desisyon ang asawa ko na pagtrabahuhin aq dito sa ibang bansa till now po aq ang nag wowork at nag poprovide ng lahat para sa kanila,wala po siyang work at this feb 2019 po nalaman q na may relasyon cla ng yaya ng anak q which is pinapasahod q po at 2 taon na clang nag cecelebrate nc aniversary nila,nalaman q po ito dahil nabasa q ang convo nila ng yaya ng anak q sa messenger,pero up to now po hindi q ito cnasabi sa kahit na kanino,kahit sa kanila po ay hindi q pinapa alam na alam ko na ang tungkol dito dahil natatakot po aq na pag nalaman nila ay itago at hindi na ipakita ang anak ko sa akin,mahaba pa po ang istoryang ito,maaari po ba na i email nyo po aq para matulungan po ninyo aq sa tamang pag dedesisyon,. Maraming salamat po
Hi:
If you wish to separate and settle the custody of the children, then you can go through annulment.
Legal separation does not end the marriage – it only allows you to live apart and to separate property issues. In addition, it is not necessarily cheaper than annulment and cannot be “converted” to annulment later on.
As such, Annulment really might be the best way to address your concerns.
Hi attorney!
Just wanted to ask if you apply in PAO for annulment which I believe is free, is it true that to get evidence for annulment they will make you go crazy for them to annul the marriage easily?
Hi Judith:
First, regarding the PAO.
The PAO is a free government legal service for those earning less than P14,000 in Metro Manila monthly. I believe that some court fees are still charged to the clients.
Second, regarding annulment and insanity.
Annulment is commonly based on a ground called “psychological incapacity”.
Psychological incapacity is the inability of one spouse to fulfill the essential requisites of marriage towards the other spouse. It can be manifested through verbal/physical abuse, substance abuse, abandonment, infidelity among many other grounds and is not one of these grounds separately, but instead the totality of these behaviors. Proving it in court also requires a psychological examination.
I hope this clarifies matters.
in ra 8552, said one can adopt the legitimate child of their spouse. does it mean step child? does philippine recognize step-child? are their rights different?
Hi:
When you adopt, the child is no longer considered the child of your spouse’s ex-partner.
The child is now considered you and your spouse’s child with all of the rights of a biological child.
That means he will in entitled to inherit from you and your spouse, is entitled to support, and is now under your joint authority.
Hi Attorney,
My husband and I got physically separated for almost 2 years due to financial problems. I paid off our debts so we can get back together on clean slate. Unfortunately, for 3 month living again together the Other woman appear claiming that she and my husband are living as husband and wife for 1.5 years and she was pregnant. Sad thing the baby died, upon birth. I ignore this and still accept my husband for our child. But as months pass by I felt that he’s doing it again for another woman. He physically beats me and always says nasty word when he’s drunk and mad. Can I file for annulment or separation for these? I want to ensure that my child still has financial support how I can do that? Thanks.
Sent you an email.
Hi, Attorney
My husband and I are separated for 17 years now. He is living with his new family and they have one child (7 y/o) already. I myself has a new relationship (4 years now), but no children with this new relationship. We had 2 kids (24 and 18) and both are living with me. My new partner and I are in the process of obtaining a property with that property being put in my daughter’s name (since she’s already working) and I will just be the co-maker. The bank wants me to provide a legal separation document or an annulment document, so that my husband won’t have anything to do with the property that we are buying. I want to obtain a legal separation, but doesn’t know how to go about it and how much will it cost me. Please help me in my dilemma.
Thank you so much.
Best regards
I will send you an email.
Hi attorney,
I was separated with my husband for 6 years and we have 1 daughter, for 7 years he never give any support (financially) to us. We don’t have any communication for 6 years. I just wanted to know how I will file legal separation or how our marriage will be void. What are the procedures?
Thank you in advance.
Hi Diana:
I will send you an email.
hi atty. my husband is filing a legal separation. i had an affair with other man. but before they file the petition in court, i already read the petition. but, the affidavit of his witness is not truth, and i have evidence that they admitted that the statement is not true. what do i need to do? can i sue the witness for not telling the true?
hi attorney,
i was separated with my husband for almost 10 to 15 years and we have 4 children 2 of them were married and the other 2 children is in me since from their childhood he was never gave any suppor for the children financially till now and one of our children was successfully finished her 4 years in college and the other one is about to finish her college with this coming march 2018 we dont have any conjugal property… i just want to know what the best thing to do, because he is with another woman and he provided house to her and there they live together like husband and wife for almost 8 years and now i ask help from you how to become single or legally separated from my husband because im legally married from him.
thank you so much….
Will send you an email.
Hi attorney,
How Long it takes to get a legal separation in Philipines. I am an ofw here Singapore. I have been separated with my husband for 10/11yrs already. He had a new family and have two kids. But , he don’t have kids from me.
Will send you an email.
My husband and I got married because I got pregnant and our profession demands us to get married for us to keep our licenses. We never shared the same roof. I’m now with my new partner of 5 years. What is the least cost for annulment? Thanks.
Sent you an email.
If couple filed legal separation and one of them wants to get marry again,is it allowed?
Annulment is the correct court case to file if you wish to marry again. Whether you can file an annulment will depend on the facts of the case.
My wife ABANDON me for 7 years now, She is having sex and living together with his boyfriend in USA.
I had no relationship yet and not violated my marriage by having sex with anyone..
Question:
Does she have the RIGHT to file a case against me (the offended) after she first did the act her affair and abandon me for that long ?
(if for example i’ll find myself a new relationship?)
How much would it cost me to be “legally separated” here in the Philippines ?
how much time will be process ?
Mabuhay po kayo Atty and More Power !
Hello Attorney,
I am an OFW working in Taiwan.
I would like to know how much will be the cost to obtain legal separation?
Is it cheaper than annulment?
And since divorce may soon be implemented in the Philippines, if legal separation has already been obtained, can it be advanced to divorce?
Thanks!
Costs vary depending on the circumstances of the case.
There is no indication in the bill passed by the lower House that legal separation may be converted to divorce. You would still have to go through divorce proceedings if ever the bill does become law after your legal separation.
Hi,
I moved out of our house nearly a year now due to endless quarrels which I admit is usually caused by me being prone to Alcohol, my wife has different expectations and she believes that I am unable to tend to all of those. We have been sleeping on different rooms for 3 years I think and I cannot remember when we shared a single bed as man and wife. There is no 3rd party relationships involved but I believe that we fell out of love a a few years back. We are in talking terms but all about our only daughter who is staying with her and her family, I provide full financial support on a regular basis since I am employed and I understand that my daughter has needs. I know that my wife hasn’t moved on yet but I would like to start moving on but of course be there for my child financially and emotionally. I would like to know what would be the approach and how much (financial) it would take to completely be legally separated with my wife. I do not plan on marrying and will keep on supporting my daughter all the way. Please advise.
I will send you an email.
Hi Attorney!
How long does it take to get a legal separation in the Philippines. My mom and dad have been physically separated for 10-11 years. My dad had an affair and now has 5 kids with his new girlfriend. I am looking to sponsor my mom to Canada and they require documentation indicating that they are in fact legally separated. Is it a long process?
You can expect the process to take about a year or so if uncontested.
Pls help me attorney my husband is having an affair for 7 years with different girls. I really cannot take it anymore because he treats me very bad. He gives minimal support to me and his 3 children. He gives lots of money for his girlfriends. I don’t have much money left on filing the separation. I want to legalize the support because I think it is not enough. I used up all my salary for the house needs. He seldom works and leaves all the office work and child responsibility to me. He does not care about his children. He easily gets mad at me and says nasty things at me. He is often not here and I really don’t know about his whereabouts.
I will send you an email.
Dear Attorney,
Please help me get out of my situation. I think my husband has fallen out of love and I am not also sure if I still love him. I need to be separated from him, before I get a depression, I am always crying, My heart is always trembling, I have never been in peace these days with him around. I don’t think I deserve this kind of treatment from him. I have been asking for him to leave our house if he does not want to change his behavior towards me and our eldest son. He does not respect me anymore and are always shouting talking to me and my son, even if I am talking to him in the right way, If he gets really mad, he has this tendency to hurt me, grab my hair or my arms, pointing his fingers on my face, calling me names, and taking to me like I am the most idiot and nonsense woman on earth. These manners really hurt me and make me want to get out of the house, but I cannot leave my children, so I am asking him to be the one living the house, since he is not fond and incapable of taking care of my two son especially my youngest, who is only 1 year old. His voice is always angry, loud and no calmness everyday, I am a working mother, he is a self employed. I want separation but needs financial support from him for his children’s basic needs. I hope you can advise me of best thing to do.
We will send you an email.
Hi!
I want to file for a legal separation from my husband. We’ve been separated for 5yrs and he’s living with his gf already. He’s not giving any child support and I learned that he already has a child with his girlfriend. Hoping you could help me. Thanks.
Dear Attorney,
My husband has no work for many years. He has been involved to his ex girlfriend last year. I was told that they had sexual involvement in his house in the province.
I wanted to save our marriage as much as I could. I am still hoping he will change for our four kids. When we had fights, he won’t come home for a week or more.He makes a lot of excuses. I am working and still I am the who takes care of the kids when his not home.That action has repeated many times. We always fight.He isnt a good husband, irresponsible father.
I wanted to file legal separation . Please help me where can I go to ask help for low cost. Also can you please advise me if what other legal action can I file for my husband.
Thank you very much.
The possible options depend on the details. I will send you an email.
Good day Atty!
I have been separated from my husband for about 10 years. Since then he is not communicating with me and my two kids, he does not give any monetary assistance or any kind. How could I get legal separation? We don’t have any property to be divided since we are together as husband and wife for only 7 years. Hope you can help me what to do. . .
Good Day Attorney!
I have been separated from my husband for about 12 years. He already have another family since a year we have been separated. Since then he is not communicating with me and my son, he does not give any monetary assistance or any kind. How could I get legal separation? Hoping you could help me. Thank you in advance.
Infidelity or abandonment are grounds for legal separation. There may be other considerations. I will send you an email.
I want to file a legal separation becuase my wife is with another man and pregnant. She admitted that she is now living with the guy. I was advice that if i take the course of annulment it will cost 200K or 300k. Is it true? So im planning to file legal separation to protect my child and live in peace. How much can I spend on this and what should I do? Thanks
This is very much dependent on the specific facts of the situation. Will send you an email.
Hi! Attorney,
Me and my ex husband (US Citizen) were separated for almost 3 years now and we got a daughter. After we got married here in the Philippines and I’m pregnant at the same with our daughter, he went back to USA and never came back. We got a smooth marriage LDR relationship for a couple of months but then I found out that he’s cheating with me for a couple of times. Now he’s Living – in with another woman is the USA. He never pay child support for a year now. I do want a divorce that’s for sure and for him to pay child support for our daughter. What is the best advice you could give me on my concern? what are the steps i needed to do since it’s hard for me to process the said legal actions since he’s an american citizen and currently lives in the USA while we live here in the Philippines.
Looking forward to hear from you,
Godbless you!
Beth, I will send you an email.
Hi attorney,
Me and my wife were separated for almost 15 years now. We had a daughter and she is 16 years old now. My ex-wife already had 2 sons with another man and the same with me i have kids in other woman. All i wanted is to annul our marriage and hoping that you can give more advice.
I sent you an email.
Me (fiilipina) my husband (american)separated now for 6 months.he abandoned me and my kids here in usa. Now he is leaving to p.i for good.and i found out he cheating on me.he planning to live with the girl he met online.since july he started to send money gadget etc to thr girl and this month also the girl started to live to a condo that my hubby pay and where they plan to live. Now he told me he already filed the legal separation in the p.i while he is still here.any advice
Hi Mellanie:
Information depends on your need.
It will differ if you wish to challenge the divorce, end the marriage or register it in the Philippines.
In addition, more information is needed to be able to provide any data.
Good afternoon sir madama i just wanna ask how can i get legal separation paper
The article above deals with legal separation in particular. It may fit your situation or you may find that one of the ways by which a marriage can be dissolved in the Philippines is more appropriate for your situation.
You can find a discussion of those ways here:
https://lawyerphilippines.org/2018/05/23/3-ways-to-legally-separate-philippine-marriages/
Dear Attorney,
My husband has no work for many years. It has been rumored that he’s taking drugs.
I wanted to save our marriage as much as I could. But his behavior is killing me.
When he sends me to work, he wont go back home and leaves my 3 children at home instead.
He wont come home for a week or more.He makes a lot of excuses.
That action has repeated many times.We always fight.He isnt a good husband, irresponsible father.
I wanted to file legal separation . Please help me where can I go to ask help for low cost.
Thank you very much.
Will send you an email.
I have the same case. My husband has no work (for a couple of months already), even if I argued for him to find work first before leaving the current company. I shoulder all expenses resulting for me to be in debt already. We have been fighting and been civil to almost not talking though leaving in the same house. He has been lying to me in terms of money from previous company. We have 2 kids. This behavior is killing me as well, I cannot be in debt because of his irresponsibility. Though on different case, he is a good father, but really not a good husband. We have not shared bed for almost 2 years already. What is my options?
Will send you an email.
Dear atty,
Me and my husband are separated for 1 year now. But for 7 years of being married I am not happy. There were times he force me to have sex with him, he don’t have a job, I’m the one who work for our family, he texted me with death threats and he is irresponsible husband and father. It’s just like he marry me because I’m pregnant with his child and since I am only 19 years old that time I don’t know what are the consequences of my decision although my parents was there to guide me. I just want a legal advice cause really want to annulled our marriage or even get a legal separation. Please do help me.. thank you
Hi Leah,
It seems like an annulment is the best option for you. Legal separation does not end the marriage; it only ends the property regime.
Dear Attorney,
My husband and I have been separated for more than 4 years now, I am in the UK and he and his new family lives in the Philippines, Please can you kindly give me an advice as I would want to file a legal separation? how do I start? where do I go and the cost as well. and also what and how does legal separation affect acquiring property in the future. Do I need to file it in the Philippines or can i process here it her in UK
Hi Attorney,
I’ve been separated with no communications with my ex-husband for almost 3 years now. We got separated due to repetitive physical abuse and he wasn’t working at all when we were together. I also heard that he was involved with drugs when we were together, but my daughter is with his parents right now. They are the one who is taking care of her since no one’s gonna do that in my family. He actually has a well-off family too but he doesn’t want to file anything for our annulment or legal separation, that’s why I wanna do the first step already. I wanna know how, and I’m really on a budget but I’ll do my best to at least have a legal separation with this man because I can’t stand to have any sort of connection with him anymore. What do I need to do? and How much do I need to spend to do this? Thank you so much. I am hoping for your reply.
Will send you an email.
Good Day Atty.,
My husband got someone pregnant twice though they are not living together as he said he doesn’t “love” the girl. He’s been insisting to fix our marriage, but I refused to do so since his infedility brought so much pain. I want to file for legal separation to protect me and my kids. I want to know how I should go about this.
Legal separation doesn’t end the marriage. Only annulment ends the marriage. You need to file for annulment.
Your comment is awaiting moderation.
Hi Attorney,
I’m from Cebu and I badly an advise here. I’m currently looking into the best route with the least cost. My wife already lives with another man and they recently have there 2nd child and we have been living separately since before she got pregnant by another man. It was also the time when i got a written and verbal confession from her. I’m looking into making sure that the custody of my child goes to me and at the same time keeping her away, with the least use of monetary resource. So to make it short, what would be the best route to go with the least cost, being that 100k to 200k for an annulment case can do much good if invested on my son. My son is currently under my custody being that the fault was her’s to begin with, so right now i’m planning to make a legal action. I hope you can provide me a very good advise. I’m just a father protecting the well-being and the future of his son..
Hoping for your vert prompt and helpful response.
Thanks Attorney and God bless..
Sending you an email.
Hi Attorney, can you send me an email too? I have concern for my cousin about her marriage. Her husband was able to remarry without settling an annulment. thanks
Hi MC:
Can you send a detailed explanation of events to contact@lawyerphilippines.org? Please include citizenships and dates.
The situation as outlined is currently too vague to comment on.
Hello good am po..gs2 q po mg pa annuled gs2 q lng xe mbalik ung singleness q..dvorce nq dto s japan un nga lng gnon prn ung surname q,,ask q lng how and is there any way pra mejo mura ang dami xe ngssbi skn n 200k + ..mxdo po mlaki ang 200k 🙁 i hope u can help me po..
Sent you an email.
Hello Atty. I have read all of the articles on this page. And i just want to consult regarding legal separation. Me and my wife has been separated for almost 5 years on our 3rd year she got pregnant again but the child was mine. Also we alrrady have 3 kids. The thing is, we want to file a legal separation for child support and to conitinue our lives on our own. Is it possible for us to do that we both agree on this. And also, regarding child aupport i always provide their needs like bills achool fees etc every month. I hope you respond to this. I also want to have knowledge how much will it cost
Thank you.
Sent you an email.
Hi attorney,
My husband and I we are already separated for almost 15 years due to my marriage is null and void lack of no licensed at marami erasure po at ayaw ipagamit family name nya at he cheated on me. Nakipaghiwalay ako Dahil po niloko ako pamilya nya.
Gusto ko Sana maging single problema po 200k hindi po ganun kalaki sahod ko. Sana po matulungan ninyo po ako..
Lorna
We will need to know more about your specific situation. Please fill out the form under Annulment https://lawyerphilippines.org/ so we can see what is possible.
Hello Attorney,
My wife who is 56 years old has been in an elicit affair with her young and goodlooking officemate when he was still 23. Now he is 30 by March next year.
At first I tried to believe my wife’s countless lies, but I started seeing big amount of money disappearing conspicuously while the wife of the guys keeps on posting on FB changes in their newly bought house – considering they have just started working 2014 or 2015 as they are both newly graduteas, and when she brought home different colorful bras and a pair of towels and a nighties during the lockdown, I was convinced she is into immorality which she has kept denying all along. Even a picture taken by the camera on her phone showed a naked butt as if the male owner is bending indicating he is taking his brief off or just putting it on – either way.
My question, can I use those evidences to file a criminal case against my philandering wife? Upto this day, I still can sense they are still at it. I am afraid my wife is really addicted to this young man because I know her to be obsessed with goodlooking guys just like I used to be, modesty aside, but now already an old and gray and lonely soul.
Yes, these can be used as evidence.
good day! i just want to know how would i obtain evidence of physical abuse. yesterday, my husband tried to choke me but left no markings. i am scared for my life and son’s. please help me.
You can file a report anyway just to document what occurred at this time. You may also consider the Women’s Help Desk of the DSWD and/or the police.