All About Legal Separation

[ayrise]

Hi mga sis .. we have the annullment thread , i tried searching for legal separation but im not sure if its merge with the annullment thread. i think it should be separate..

any info about this? experiences? please share them, i am thinking of doing this first before doing annullment since it is more cheaper they say.

thanks!

[bjgem]

^sis..before I'm planning to file a legal separation pero ang suggestion saken ng friend/lawyer ko na annulment na lang, hindi pa ako masyado na educate ng friend ko tungkol sa ganyan kase pinaplano pa namen ang lahat at may proper timing kame dapat (long story)...sa pagkakaalam ko kapag legal sep eh properties nyo lang ang mahihiwalay, pero carry mo pa din ang name ng husband at kung may plan ka to re-marry ulit,hindi pede!

wait mo din yung ibang post ng ibang girltalker na mas nakakalam tungkol sa concern mo..

[riccivaldez]

sis, kapag legal separation, kasal pa din kayo, difference lang, you can live in different houses. tapos hiwalay na din ang properties. but if you file for a legal separation case, halos ganun na rin naman ang gagastusin mo if annulment ang ififile mo. yun lang, mas marami ang grounds for legal separation, technically, mukhang mas madaling kunin. i suggest you talk your options with a lawyer.

[ayrise]

thanks sa mga replies sis ..

naisip ko kasi na once legally separated na kayo mas madali na maayus un annullment or wala ring bearing yun? i'll start consulting a lawyer den .. thanks ulit

[bjgem]

^^sis korek ka dun, dami nga daw grounds for legal sep at sa palagay ko mas mabilis ang process unlike sa annulment mejo madugo..hehe..or depende na din sa lawyer na hahawak ng case

^sis, mabuti pa talaga na i consult mo muna sa lawyer mo, at ok na din na nag post ka ng topic na ganito at least malalaman din nung difference ng annulment sa legal sep diba

sa mga nagvview ng topic na to, share nyo naman yung nalalaman nyo..TIA

[ayrise]

^ ok sis .. ill weigh my options and update this thread

yup especially people who have considered this against annullment .. even information from lawyers or people that you know who have gone through this...

thanks in advance sa mga magpopost!

[ebiko]

A. M. NO. 02-11-11-SC
MARCH 15, 2003
 
RE: PROPOSED RULE ON LEGAL SEPARATION


March 4, 2003


RULE ON LEGAL SEPARATION


    (b) If the court renders a decision granting the petition, it shall declare therein that the Decree of Legal Separation shall be issued by the court only after full compliance with liquidation under the Family Code.

However, in the absence of any property of the parties, the court shall forthwith issue a Decree of Legal Separation which shall be registered in the Civil Registry where the marriage was recorded and in the Civil Registry where the Family Court granting the legal separation is located.

(c) The decision shall likewise declare that:

    (1) The spouses are entitled to live separately from each other but the marriage bond is not severed;

    (2) The obligation of mutual support between the spouses ceases; and

    (3) The offending spouse is disqualified from inheriting from the innocent spouse by intestate succession, and provisions in favor of the offending spouse made in the will of the innocent spouse are revoked by operation of law.

(d) The parties, including the Solicitor General and the public prosecutor, shall be served with copies of the decision personally or by registered mail. If the respondent summoned by publication failed to appear in the action, the dispositive part of the decision shall also be published once in a newspaper of general circulation.

.. for further info, browse mo na lang sa net sis ...

[ebiko]

as for annulment, under the FAMILY CODE



Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

      (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

      (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

      (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

      (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

      (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

      (6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

      (1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

      (2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

      (3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

      (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (86a)

Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:

      (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;

      (2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;

      (3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;

      (4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;

      (5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage. (87a)

Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed.

In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment. (88a)

Art. 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent. (n)

Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45.

The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation.

In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129.

Art. 51. In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the enforcement of the judgment.

The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime. (n)

Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons. (n)

Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void.

Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.


hope this would help ... 

[ayrise]

^ hi sis

thanks for the info .. would the annullment be affected lets say inuna mo muna yung legal separation since hiwalay na naman kayo or it will not? i actually know the basic difference .. all im thinking is what if i do legal separation muna? kasi i was thinking it is easier and it could be cheaper.. sabi ko kasi sa ex hubby ko kung sino ang magpapakasal siya ang gagatus ng annullment ..

eh i dont know if papakasal pa ako ulit .. i just want to be legally separated from my husband para masabi ko talaga na legal ang separation .. ganun ..

thanks very much!

[bjgem]

.. sabi ko kasi sa ex hubby ko kung sino ang magpapakasal siya ang gagatus ng annullment ..

korek ka dun!! hehe..buti nakakapagusap kayo ng ex-hubby tungkol sa bagay na yan..mas mapapadali kung makikipagtulungan sya, sis..tinanong ko din lawyer ko, mas cheaper ang filing ng legal sep..pero it's too early for me to file a case eh, pinaplano pa talaga..

balitaan mo kame sis ha..

[ayrise]

^bjgem

i will sis .. btw how did you find a lawyer? i actually dont know where to start.. sa internet? or referrals? and how do they charge you? are they like doctors that charge you a consult fee everytime you go for a consultation with them? any ideas on how the charges will be? thanks!!

[bjgem]

^sis...friend ko yun, as in "kababata"  ..kung pagdating sa prof.fee nila, mas maganda sis kung ipa-package mo na lang, kasama na dun yung appearance fee, docs, pati merienda..hehe..para pede mo sila bayaran ng installment..eh dahil friend ko naman yun.. discounted ako..hehe..ayaw nya sabihin saken kung magkano talaga rate ng mga private lawyer eh baka daw magulat ako 

siguro sis mas maganda kung may magrerefer sau..

[ayrise]

^ wow swerte mo naman .. sana may friend din ako lawyer  .. hahah or hanap ako ng friend ng friend ko na may lawyer para bigyan ako ng friendly price ...

mind if i ask you a somewhat personal question .. gaano kabilis bago mo finile? i mean ilang years na kayo hiwalay ni hubby? ako kasi ewan ko pero parang gusto ko now na though ilang months pa lang kami hiwalay... Thanks so much!

[auane]

thanks sa mga replies sis ..

naisip ko kasi na once legally separated na kayo mas madali na maayus un annullment or wala ring bearing yun? i'll start consulting a lawyer den .. thanks ulit

i think mas magastos..i don't know if sis brucelyn is still active, dami niyang alam sa mga ganyan na legal matters (annulled na siya)., try giving her a pm.

[ayrise]

^ thanks sis .. i saw here sa annullment thread .. sige i'll PM her

[bjgem]

^hindi pa ako nagpa-file sis..ibang case yung hinarap ko..RA 9262 yun..anyway, 4 years na kame hiwalay

[kaycee0307]

magkano po magpa legal separation?

[BubbaGump_Jen]

I am also in need of an atty, please help naman po? I need to consult a lot of my legal rights as well as for my son. Si husband, kinakasama na kabit nya. Buntis pa ako noon, iniuwi na nya sa bahay while I left and stayed with my parents. Napanganak na ako nong nalaman kong babae na pala ni mister ang sinasabi nyang barkada sa trabaho. saklaapppp!