A sworn Petition, either jointly or singly, is filed with the Family Court.

[5]

All creditors of the marriage, as well as the personal creditors of the

spouses, must be listed in the petition and notified that it was filed in
court. The court shall take measures to protect the creditors and other
persons with a pecuniary interest in the marital property. [6]

The absolute community or the conjugal partnership shall pay for the
support of the spouses and their children while the case is pending. [7]

The Petition will be heard by the Family Court.

If the Petition is voluntary (i.e. jointly filed by the spouses), it need not
even give the spouses’ reason for the separation of property because
the agreement of the spouses is enough. But if the reason given is
found to be against public policy, the court must reject the
agreement. [8]

The Petition to separate the property may even propose exactly how
the properties are to be separated. If this proposal is not contrary to
law and public policy, it shall be granted by the court. The agreement
for the division of the community property must be equal unless a
different division has been agreed upon in the prenuptial agreement or
unless a waiver of this share is allowed by the court. [9]

Once the separation of property has been decreed, the marriage

properties will be liquidated in accordance with the Family Code. The [10]

Family Code describes the process of liquidating the conjugal

properties thus:
(1) An inventory should be prepared, listing separately all the conjugal
properties of the marriage and the exclusive properties of each
spouse.
(2) The debts and obligations of the marriage shall be paid out of its
conjugal property. In case these assets are insufficient, the spouses
shall each be solidarily liable for the unpaid balance.
(3) Whatever remains of the exclusive properties of the spouses shall
then be delivered to each of them.
(4) The net remainder of the conjugal properties are its net assets.
These will be divided equally between husband and wife, unless a
different proportion or division was agreed upon in the marriage
settlements, or unless there has been a voluntary waiver.
[Involuntary forfeiture of the net profits by a guilty spouse is not
provided for under judicial separation of property. It is a specific
consequence only in cases of legal separation or of bigamous
marriages in bad faith.] [11]
(5) The presumptive legitimes of the common children shall be
delivered upon partition. [M. Sta. Maria (2010) is of the opinion that
this is an optional provision which need not be complied with.]
(6) Unless otherwise agreed upon by the parties the conjugal dwelling
and the lot on which it is situated shall be adjudicated to the spouse
with whom the majority of the common children choose to remain.
Children below the age of seven years are deemed to have chosen
the mother, unless the court has decided otherwise. In case there in
no such majority, the court shall decide, taking into consideration the
best interests of said children.
The petition and the final judgment granting it shall both be recorded
in the proper local civil registries and registries of property.
[12]