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...

This is the continuation of the previous post about Conjugal Partnership of Gains.  The properties as a result of the regime of conjugal partnership of gains are conjugal partnership properties. What are the conjugal partnership of properties? 1.  Those acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; 2.  Those obtained from the labor, industry, work or purchase of either or both of the spouses; 3.  The fruits, natural, industrial, or civil, due or received during the marriage from the common property, as well as the net fruits from the exclusive property of each spouse; 4.  The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found; 5.  Those acquired through occupations such as fishing or hunting; 6.  Livestock existing upon dissolut...

In the previous post, it was discussed that the future spouses may agree on what regime of property that would govern on their property.  The agreement must be stipulated in the marriage settlement or in the prenuptial agreement.  In the absence of any such settlement, the property of the future spouses shall be governed by the regime of absolute community. Granting that the future spouses would consider to have a regime of CONJUGAL PARTNERSHIP OF GAINS, this post is a must read. What is a regime of conjugal partnership of gains? Under this regime, the husband and wife place in a common fund the proceeds, products, fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance, and, upon dissolution of the marriage or of the partnership, the net gains or benefits obtained by either or both spouses shall be divided equally between them, unless otherwise agreed in the marriage settlement. In this...

For all those who have not signed any pre-nuptial agreement or marriage settlement to choose any property regime that would govern their property relations, this system of absolute community of property would definitely suit you.  Of course,  nothing and nobody bars any future couple to choose this kind of regime. To give an overview on what this system is all about, this post is for you to read on. What is the system of absolute community?   This is one of the regimes or systems of property relations between the spouses and the default system in the absence of a prenuptial agreement or when the agreed system is null and void. This system commences at the precise moment that the marriage is celebrated, and any stipulation for the commencement of the community regime at any other time is void. In a nutshell, the husband and the wife are considered as co-owners of all properties they bring into the marriage (those that they owned before the marriage),...

When the term PRE-NUPTIAL AGREEMENT was discussed in our class before, the classic example our professor gave was the case of JAMES YAP-KRIS AQUINO.  The former couple made this once a headline in the national broadsheet and even in the television that the family of Kris Aquino was suggesting to have a pre-nuptial agreement to govern the property relations of the spouses. Pre-Nuptial Agreement, as the term suggests, it is an agreement made before a nuptial or the celebration of the marriage.  Whatever the agreement decided by the future spouses, that would be the law to govern their property relations.  In legal parlance, this pre-nuptial agreement is better known as marriage settlement. What would be included in the pre-nuptial agreement or marriage settlement? The Family Code of the Philippines provides that the future spouses may, in the marriage settlements, agree upon the regime that would govern their property. These are: 1.  Absolute Communit...

For those who are still in green on their rights and obligations, this post is right for you.  It tells us the rights and obligations of the husband and wife as provided by the Family Code of the Philippines. For smooth and hassle-free married life, both husband and wife must be aware of their legal rights and obligations. 1.  The husband and wife are OBLIGED to live together, observe mutual love, respect and fidelity, and render mutual help and support. 2.  The husband and wife shall fix the family domicile.  In case of disagreement, the court shall decide. The court may EXEMPT one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption.  However, such exemption shall not apply if the same is not compatible with the solidarity of the family. 3.  The spouses are JOINTLY responsible for the support of the family.  The expenses for such support and other co...