Text of the provision

Art. 134. In 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.

(190a)

Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.

What this article means

Spouses cannot simply agree, mid-marriage, to split their property. Unless a separation of property was already written into the marriage settlements (the prenuptial agreement), it can only happen by court order during the marriage.

The article recognizes two routes to that order: voluntary (both spouses jointly ask the court — see Article 136) or for sufficient cause (one spouse petitions on a ground listed in Article 135). Either way, a judge, not the spouses alone, ends the shared regime.

Related provisions

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.