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A de facto separation generally occurs when two spouses agree to cease living together, or when one of the spouses leaves the family home.

A petition may be filed at the Family Court by either the husband or the wife within 5 years of the occurrence of the ground for legal separation. The first step is filing the petition at the family court.

Steps on how to File for a Petition for Legal Separation in the Philippines STEP 1: Look for a lawyer. . STEP 2: The lawyer will make a petition on your behalf and file in the court. STEP 3: After 6 months from filing, you can be tried. . STEP 4: The court will issue summon for the respondent.

209 or the \u201cFamily Code of the Philippines\u201d by introducing Article 45-A which provides that a \u201cmarriage may also be annulled if the parties have been separated in fact for at least five years.\u201d

Separation in fact, or separation that is not recognized by law between the spouses, does not affect the community of property. But the Family Code states under Article 100 (1) that the spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have the right to be supported.

how to file legal separation in the philippines

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