Connivance, A56(3) Family Code
1. Concept
Connivance – refers to “the act of conniving”, which means “to cooperate secretly or have a secret understanding” (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/conniving [Accessed: 17 April 2025])
2. Connivance
Art. 56. The petition for legal separation shall be denied on any of the following grounds:
x x x
(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
x x x
1) Connivance between the parties in the commission of the offense or act constituting the ground for legal separation, is a ground for denying legal separation.
2) A legal separation petition will be rejected if both spouses were in agreement or worked together to carry out the wrongful act that is being used as a reason for separation. This joint participation, known as “connivance,” means that neither party can claim to be truly aggrieved, as they both played a role in—or even planned—the offense. The law does not allow a spouse to seek protection from a wrongdoing that he or she deliberately helped bring about. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 17 April 2025])
3. Examples
Example 1 – Anton and Beatrice:
Anton wanted to pursue a new relationship but did not want to be blamed for leaving the marriage. Beatrice, wanting financial support, agreed to let him commit adultery as long as he would continue to provide for her. They both agreed to make it appear that Anton had wronged her, so she could file for legal separation and get sympathy from the court. Since they both cooperated in the plan, their legal separation case could be dismissed due to connivance. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto, supra.)
Example 2 – Miguel and Sofia:
Sofia wanted to move abroad without the hassle of an annulment, and Miguel was open to helping. They conspired to create a scene of abandonment—Miguel left their home publicly while Sofia told friends he had left her. However, it was all staged. When Sofia filed for legal separation citing abandonment, the court could deny it because the supposed offense was actually orchestrated by both of them. (Ibid.)
Example 3 – Harold and Nina:
Nina planned to get involved in a romantic relationship with someone else for personal reasons. Harold, aware of it, told her to go ahead so he could later file for legal separation and avoid providing spousal support. Since both agreed to the infidelity and used it strategically, Harold’s petition could be denied, as their joint scheme qualifies as connivance. (Ibid.)
4. Miscellaneous
a. Connivance v. Collusion
| Connivance | Collusion |
| Before the filing of legal separation and for purposes of creating a ground for legal separation | After the filing of legal separation |
| Secret cooperation to get a decree of legal separation | Secret cooperation to get a decree of legal separation |
1) Connivance occurs before a petition for legal separation is filed as it relates to the secrete cooperation between the parties to create a ground for legal separation.
2) On the other hand, collusion occurs when the petition for legal separation has already been filed and the parties have secretly agreed to help each other in order to successfully obtain a decree of legal separation.
