Understanding Legal Separation Under Article 55 of the Family Code
9/27/20252 min read
Introduction to Legal Separation
Legal separation is one of the remedies available to married individuals under Philippine law who find themselves in a difficult marital situation. Unlike annulment or declaration of nullity, legal separation does not dissolve the marriage bond; however, it does allow the spouses to live separately and to sever their property relations.
The Family Code of the Philippines (Executive Order No. 209, as amended) lays down the grounds for legal separation in Article 55. Below is a clear enumeration and explanation of these grounds.
Grounds for Legal Separation
Under Article 55 of the Family Code, a petition for legal separation may be filed on any of the following grounds:
Repeated physical violence or grossly abusive conduct against the petitioner, a common child, or a child of the petitioner.
Physical violence or moral pressure exerted to compel the petitioner to change his or her religious or political affiliation.
An attempt to corrupt or induce into prostitution the petitioner, a common child, or a child of the petitioner, or the spouse’s connivance in such act.
Final judgment sentencing a spouse to imprisonment of more than six (6) years, even if pardoned.
Drug addiction or habitual alcoholism.
Lesbianism or homosexuality.
Contracting of a subsequent bigamous marriage, whether in the Philippines or abroad.
Sexual infidelity or perversion.
An attempt by one spouse against the life of the other.
Abandonment without just cause of the petitioner by the respondent for more than one year.
Important Clarifications
Effect of Legal Separation: The marriage bond remains intact; therefore, neither spouse can remarry. What changes is the right to cohabitation and the property regime, which is dissolved and liquidated.
Difference from Annulment/Nullity: Legal separation does not invalidate the marriage contract, while annulment or a declaration of nullity does.
Public Policy: The Philippine legal system does not recognize divorce between two Filipinos, except for limited situations involving foreign spouses. Legal separation is therefore one of the limited remedies available for those in troubled marriages.
Legal separation is a serious legal step that carries consequences not only for the spouses but also for their children and property. Before pursuing this remedy, it is essential to consult with a lawyer to carefully evaluate the circumstances and determine whether the grounds exist under the law.
📚 Source: Article 55, Family Code of the Philippines (Executive Order No. 209, as amended).