Separation of conjugal property

Dear PAO,

My wife and I got married in 1992. After being together for almost five years, we decided to amicably
part ways. We have been separated for more than 20 years now. During the years that we were apart,
we separately acquired assets from our own earnings. I have no interest in my wife’s property nor does
she have any interest in what I had acquired. Is it possible for us to enter into an agreement stating that
we waive any conjugal rights that we have to each other’s property?

Jason

Dear Jason,

We regret to inform you that you cannot, on your own, enter into an agreement dissolving your
absolute community or conjugal partnership with your wife. Any extrajudicial agreement to this effect is
considered void.

Article 134 of the Family Code of the Philippines provides that “[i]n the absence of an express
declaration in the marriage settlements, the separation of property between spouses during the
marriage shall not take place except by judicial order. Such judicial separation of property may either be
voluntary or for sufficient cause.”

The grounds to judicially separate property are enumerated in Article 135 of the law as follows:

“(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil
interdiction;

(2) That the spouse of the petitioner has been judicially declared an absentee;

(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;

(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her
obligations to the family as provided for in Article 101;

(5) That the spouse granted the power of administration in the marriage settlements has abused that
power; and

(6) That at the time of the petition, the spouses have been separated in fact for at least one year and
reconciliation is highly improbable. xxx”
It is clear from the enumeration above that spouses who have been separated in fact for at least one
year wherein reconciliation is highly improbable may file for a judicial separation of property. You
mentioned that you and your wife have been separated for more than 20 years. Thus, you “may jointly
file a verified petition with the court for the voluntary dissolution of the absolute community or the
conjugal partnership of gains, and for the separation of [your]common properties” (Article 136, Family
Code of the Philippines). Although you may not, on your own, enter into an agreement to separate your
property; you may, however, do this through a judicial proceeding.