Query: Can married couples in the Philippines separate their properties and agree that future acquisitions will not be conjugal property?

Under Philippine law, married couples have the option to agree on the separation of their properties and ensure that future acquisitions will not form part of the conjugal property. This can be achieved through a legal mechanism known as the judicial separation of property, which is outlined in the Family Code of the Philippines.

Judicial Separation of Property

Article 134 of the Family Code allows for judicial separation of property, which can be granted under specific circumstances, such as:

The abandonment or failure to comply with the marital obligations by one spouse.
The spouses’ joint decision to divide their property to avoid future disputes.
The presence of a civil or criminal action involving the spouses.

Process of Judicial Separation of Property

To initiate judicial separation of property, a petition must be filed in court. The process involves the following steps:

Filing the Petition: Either spouse can file a petition for judicial separation of property, citing valid grounds as stipulated in the Family Code.
Court Hearing: The court will set a hearing to evaluate the petition, during which both parties can present evidence and arguments.
Court Decision: If the court finds merit in the petition, it will issue a decree of judicial separation of property, specifying how the properties will be divided and managed.

Post-Separation Property Regime

Once the judicial separation of property is granted, the properties acquired by each spouse thereafter are not considered part of the conjugal property. This separation is maintained unless the couple reconciles and agrees to revive the conjugal partnership, which must also be documented legally.

Extrajudicial Agreement

In addition to judicial separation, couples may opt for an extrajudicial agreement. However, this must be compliant with Article 147 and Article 148 of the Family Code, which regulate property relations without court intervention. Such agreements should be made in writing and notarized to ensure validity and enforceability.

Conclusion

Married couples in the Philippines have the legal option to separate their properties through judicial processes or valid extrajudicial agreements. This ensures that future acquisitions by either spouse remain individually owned, thereby not becoming part of the conjugal property. It is essential to comply with the legal requirements and procedures set forth in the Family Code to achieve this separation effectively.