Yes, they can.
Should you and your spouse reconcile during the pendency of your case or even after the legal separation is granted, you should file a joint manifestation under oath with the same court where your case is pending or tried informing the court of the reconciliation (Art. 65, Family Code).
The reconciliation will have the following effects:
- If you reconcile during the pendency of the case – the court will issue an order immediately terminating the proceeding
- If you reconcile after the court rendered the decision granting your petition BUT before the issuance of the decree of legal separation – you and your spouse will be given an option whether you want to revive your former regime of property relations (e.g. if you previously have absolute community of property) or choose a new regime (e.g. you now want conjugal partnership of gains)
- If you reconcile after the issuance of the decree – the court will issue a Decree of Reconciliation setting aside the initial decision. However, the separation of the property or any forfeiture of the share of the guilty spouse subsists. However, if you agree to revive your former regime of property relations or adopt a new one, you can do so as well.
Your lawyer will then draft a document (verified motion) to be submitted to court reviving your former regime of property relations or adopting a new one for the court to approve.
Go back to the main article: How to File Legal Separation in the Philippines: An Ultimate Guide