Legal separation does not dissolve the marriage; the spouses remain married but live separately and their property regime is dissolved. If the spouses reconcile, the law gives their reconciliation important effects. If reconciliation occurs while the legal separation case is still pending, it terminates the proceeding. If it occurs after a decree of legal separation has been issued, the reconciliation sets aside the decree, so the separation is undone. The spouses must file a joint manifestation of reconciliation with the court, which issues the corresponding order. As to property, the separation of property that resulted from the decree generally remains, unless the spouses agree to revive their former property regime, which the court must approve. So reconciliation restores the couple's cohabitation and status but does not automatically revive the old property regime without a court-approved agreement.
Legal separation is not always the end of a marriage. Sometimes spouses reconcile — and the law gives their reconciliation real legal effects.
First, What Legal Separation Does
Legal separation does not dissolve the marriage — the spouses remain married but are entitled to live separately, and their property regime is dissolved and liquidated (they no longer share a community/partnership). Neither can remarry.
Reconciliation While the Case Is Pending
If the spouses reconcile while the legal separation case is still pending (before a decree), the reconciliation terminates the proceeding — the case ends. There is nothing to decree because the couple has resolved their rift.
Reconciliation After a Decree
If reconciliation occurs after a decree of legal separation has been issued, the reconciliation sets aside the decree of legal separation. The legal separation is, in effect, undone — the spouses are restored to their status of living together as a married couple.
The Procedure: Joint Manifestation
To make it official, the spouses must file a joint manifestation of reconciliation with the court (in the same proceeding), and the court issues the corresponding order reflecting the termination of the case or the setting aside of the decree.
The Property Effect: the Tricky Part
Here is what trips people up. The separation of property that resulted from the decree generally remains in force even after reconciliation — the old community/conjugal regime is not automatically revived. To revive the former property regime, the spouses must:
- Agree to revive it; and
- Have the agreement approved by the court, with the agreement and order recorded to protect creditors.
Without this, the spouses continue under a regime of separation of property despite reconciling.
Practical Takeaways
- Reconciliation while the case is pending terminates it; after a decree, it sets the decree aside;
- The spouses file a joint manifestation, and the court issues the corresponding order;
- The property separation persists unless the spouses agree to revive the old regime and the court approves it.
Frequently Asked Questions
Does legal separation end the marriage? No. Legal separation does not dissolve the marriage. The spouses remain married but may live separately, and their property regime is dissolved. Neither can remarry.
What happens if legally separated spouses reconcile? If they reconcile while the case is pending, it terminates the proceeding. If they reconcile after a decree, the reconciliation sets aside the decree of legal separation, undoing it.
How do spouses make their reconciliation official? They file a joint manifestation of reconciliation with the court in the same proceeding, and the court issues the corresponding order terminating the case or setting aside the decree.
Does the old property regime revive after reconciliation? Not automatically. The separation of property generally remains unless the spouses agree to revive their former regime and the court approves the agreement, which is then recorded to protect creditors.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.