Filing a separation agreement in the Philippines can be a daunting task, as there are several legal procedures that need to be followed. This article aims to provide a comprehensive guide on how to file a separation agreement in the Philippines.
Step 1: Drafting the Separation Agreement
The first step in filing a separation agreement is to draft the agreement. A separation agreement is a legal document that outlines the terms of the separation between the couple. The agreement should include details such as the custody and support of children, the division of property, and the financial support of the spouse.
It is advisable to seek the assistance of a lawyer when drafting the separation agreement to ensure that all the legal requirements are met.
Step 2: Notarizing the Separation Agreement
After the separation agreement has been drafted, it should be notarized by a notary public. A notary public is a person authorized by the government to witness and authenticate legal documents.
The notary public will ask for identification documents such as a government-issued ID, passport or driver`s license to verify the identities of the parties involved. The notary public will also ensure that the document complies with legal requirements.
Step 3: Filing the Separation Agreement with the Local Civil Registrar
Once the separation agreement has been notarized, it should be filed with the Local Civil Registrar in the place where the marriage was registered. The Local Civil Registrar is responsible for maintaining records of all marriages and divorce cases in the Philippines.
The following documents are required when filing the separation agreement with the Local Civil Registrar:
1. Original and two photocopies of the notarized separation agreement
2. Marriage certificate
3. Valid government-issued identification cards or passports of both parties
After submitting all the required documents, the registrar will issue a receipt indicating the date when the separation agreement was filed.
Step 4: Waiting Period
After filing the separation agreement, there is a waiting period of six months before the separation can be made official. This waiting period is mandated by law to allow the parties involved to reconcile and reconsider their decision.
During the waiting period, the parties involved are not allowed to remarry. If the parties fail to reconcile after the waiting period, the separation agreement will become final.
Step 5: Issuance of Certificate of Legal Separation
Once six months have passed, and the parties involved have not reconciled, the Local Civil Registrar will issue a Certificate of Legal Separation. This document serves as proof that the separation agreement has been legally recognized by the Philippine government.
Conclusion
Filing a separation agreement in the Philippines can be a lengthy and complicated process. It is recommended that you seek the assistance of a lawyer to help you navigate through the legal process. By following the steps outlined in this article, you can ensure that your separation agreement is filed correctly and that you comply with all the legal requirements.