Prince Lanz Archie Almazan | Eric Awi |
October 16, 2026
Political Science
This study explores the underutilization of legal separation in the Philippines through the lived experiences of informally separated individuals. Despite being a legally available remedy, legal separation remains rare due to its complex, costly, and restrictive nature. Guided by a socio-legal perspective and grounded in Social Constructivism Theory, the study employed a qualitative narrative inquiry design using semi-structured interviews with thirty informally separated participants. Findings revealed that participants perceive legal separation as a “half-measure” that fails to grant emotional or legal closure since it does not dissolve the marriage nor permit remarriage. Legal, financial, and procedural barriers such as the high cost of litigation, the five-year prescriptive period, and the doctrine of In Pari Delicto discourages its pursuit. Social stigma and limited legal awareness further reinforce the preference for de facto separation. It recommends reforms to make marital remedies more accessible and humane, including extending the prescriptive period, lowering filing costs, and enacting a Divorce or Dissolution of Marriage Law to ensure genuine closure and protection for separated individuals.