· Not an official government website

BatasKo

Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Title II — Legal Separation

Article 63

EO 209 · Family Code of the PhilippinesKey provision

ELI5— what this means for you

When legal separation is granted, the effects are: (1) the spouses live separately; (2) the conjugal or community property is dissolved and liquidated but the innocent spouse keeps their share; (3) the offending spouse is disqualified from inheriting from the innocent spouse; (4) custody of minor children goes to the innocent spouse unless the court orders otherwise.

Key point

Legal separation: property is divided, but you cannot remarry — the marriage bond remains.

Official text — EO 209

The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;

(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43(2);

(3) The custody of the minor children shall be awarded to the innocent spouse, subject to the provisions of Article 213 of this Code; and

(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. (106a)

Source: lawphil.net (EO 209 as amended)

Related

RELATED RIGHTS

Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.