In general po, ayon sa ating Family Code, kung walang agreement ang mag-asawa tungkol dito sa kanilang marriage settlements, hindi pwedeng maseparate ang properties nang walang judicial order. Ibig pong sabihin nito, hindi pwedeng basta lang iwaive ang right sa conjugal property at hindi rin pwedeng daanin sa kasunduan lamang. Kailangan magfile ng petition for judicial separation of property ayon sa mga sumusunod na grounds na nakasaad sa ating Family Code:
(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101;
(5) That the spouse granted the power of administration in the marriage settlements has abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly improbable
May option din na magsampa ng Petition for Legal Separation, o di kaya ay ipawalang-bisa ang kasal sa pamamagitan ng pagsampa ng Annulment case or Declaration of Nullity case.