Title II — Legal Separation
Article 63
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)
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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.