Question

Scenario:

Anna and John have been married for 15 years. Throughout their marriage, they have maintained a common property regime, where all their properties are considered conjugal. However, due to persistent conflicts and financial disagreements, they have decided to undergo a judicial separation of property. Anna is primarily concerned about protecting her personal assets, while John wants to ensure a fair distribution of their conjugal properties. They seek the guidance of the court to settle their property rights.

Question:

Based on the given scenario and the provisions of the Family Code, answer the following questions:

1. Explain the concept and purpose of judicial separation of property between spouses as provided in Articles 134-142 of the Family Code.
2. Distinguish the effects of judicial separation of property from separation in fact or voluntary separation.
3. Identify the requirements and procedure for obtaining a judicial separation of property. Discuss the role of the court in overseeing the division of conjugal properties.
4. Discuss the rights and obligations of spouses during and after the judicial separation of property. What happens to the conjugal partnership, if any?
5. Anna wants to maintain sole ownership of her personal assets acquired before the marriage. Is she entitled to do so? Explain.