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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSK. Property Relations Between Spouses (Family Code, arts. 74-81)3. Judicial Separation of Property - Family Code, arts. 134-142

Question

Property Relations Between Spouses: Judicial Separation of Property

Scenario:

Marina and Juan are married for 10 years. At the start of their marriage, they entered into a marriage settlement where they agreed to jointly own all properties acquired during their marriage. However, due to irreconcilable differences, they decided to separate and filed for judicial separation of property. The court granted their request and issued an order for the separation of their properties.

Given this scenario, answer the following questions:

  1. What is the concept of judicial separation of property in the context of property relations between spouses? Discuss its purpose and effects.
  2. What are the legal requirements or grounds for filing for judicial separation of property? Explain each requirement in detail.
  3. What are the effects of judicial separation of property on the properties owned by the spouses? Can they still acquire new properties individually? Discuss.
  4. What happens to the obligations and debts of each spouse after the judicial separation of property? Explain.
  5. Discuss the procedure for filing and obtaining a judicial separation of property. Include the necessary documents to be submitted and the role of the court in the process.



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Bar Review Question: Property Relations Between Spouses: Judicial Separation of Property Scenario: Marina and Juan are