CHAPTER 6 

REGIME OF SEPARATION OF PROPERTY 

Article 143. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory. (212a)

Article 144. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community. (213a)

Article 145. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property. (214a)

Article 146. Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties.

The liability of the spouses to creditors for family expenses shall, however, be solidary. (215a)

     One of the advantages of Article 143 is that there will be little trouble in terms of personal expenses, except of course the "family expenses", as each spouse should proportionately bear it. Aside from the system of complete separation of property, there can also be a partial separation of property. In the latter case, it can be said that the conjugal partnership of gains or the absolute community exist. 

     If in the marriage settlement the future spouses agreed on the system of complete separation of property, this cannot later on be converted during the marriage into the conjugal partnership of gains. There is no provision of law authorizing this. On the other hand, the law expressly provides that the absolute community of property between spouses shall commence at the precise moment the marriage is celebrated. Any stipulation, express or implied for the commencement of the community regime at any other time shall be void. 

System of Separation of Property - it is the matrimonial property regime agreed upon in the marriage settlement by the future spouses whereby each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate and earnings without the consent of the other, with each spouse proportionately bearing the family expenses, proportionate to their earnings and profits of their respective property. 

Kinds of Separation of Property Systems: 

a. Separation of Property may refer to: 
        1) present property 
        2) future property 
        3) both 

b. Separation may also be: 
        1) total 
        2) partial 



Reference: 
Family Code of the Philippines by Albano