Daily Serving of Legal Matters

In this post, one would be informed about the regime of separation of property between husband and wife.  Is it really legal?  How could this be availed by the spouses? To have a knowledge of it, this post is for you.   Can the spouses select to have a separation of their properties? Yes, provided it is in accordance with law. What would the spouses do in order to have a separation of property regime? The spouses should execute a marriage settlement or pre-nuptial agreement stating, among others, that their property relation should be governed by the regime of separation of properties. What if the spouses do not have any marriage settlement or pre-nuptial agreement, could they agree to have a regime of separation of property? No.   If the spouses do not have any marriage settlement or pre-nuptial agreement, their property shall be governed by the provisions on absolute community of property. What would be the remedy for the spouses ...

The property of the spouses may be separated from each other even if they have agreed to a different regime in their marriage settlement. Even if the property is governed by absolute community or conjugal partnership of gains, the property of the spouses can still be separated. How to effect the Separation of Property? The future spouses, inorder to have a complete separation of property, must have signed a marriage settlement or a pre-nuptial agreement stating therein that their properties should be separated from each other.  In the absence of such agreement, there would be no separation of property between them. Aside from the marriage settlement, the properties of the spouses may be declared separate from each upon order of the court.  Such judicial separation of property may either be voluntary or for sufficient cause. What are the sufficient causes to invoke the judicial separation of property? 1.  That the spouse of the petitioner has been...