A Solution Before The Divorce (The Body Separation)

Despite the crisis in your relationship, you are not decided to divorce.

Your financial situation does not allow you maybe not to live alone….. For you, marriage is a sacrament that cannot dissolve at any price…. And nothing is ever lost in advance, we could start from scratch … .. What good reasons to hesitate to permanently break the marriage bond.

Well, there is an alternative to divorce is the separation.

What is it? How to get a legal separation? What are the consequences of your married life?

What is separation?

When couples want to separate without the marital relationship is definitely broken, they hire legal separation proceedings at the High Court of their place of residence.

After the separation of pronounced body, the spouses are officially allowed to live separately without they are divorced, the marriage is not dissolved.

How to get a legal separation?

The separation of application may be filed by you or your spouse, for the same reasons that the divorce.

The procedure is identical to that of the corresponding divorce.

You are obliged to use a lawyer.

As for divorce, legal separation is decided by the family court judge.

The spouse against who presented a separation application can claim back a counterclaim for divorce and vice versa.

If the judge simultaneously receives an application for divorce and an application for separation, the judge first examines the application for divorce. He pronounces it as soon as the circumstances allow. Otherwise, it shall act on the request for separation.

However, when these claims are based on fault, the judge examines the same and if the hosts pronounced against both spouses divorce shared wrongs.

Know that in terms of time and cost, the separation procedure will not be shorter or cheaper or easier than the divorce proceedings.

What are the consequences of separation in your marriage?

Separation ends the duty of cohabitation with your husband, it allows you to live apart but do not have the right to rebuild your life since marriage is not dissolved.

You retain the use of the name of your husband unless the separation of the judgment prohibits you. Similarly, you can prevent your husband to wear your name in case he would have joined his name.

Unlike divorce, separation leaves the duty of support and assistance between the spouses, so a child support will be paid to the husband the most helpless. To determine the amount, the judge will take into account the resources and needs of each spouse.

This pension will be assigned without consideration wrongs. However, the debtor spouse may be discharged by the judge of the payment of the pension if the creditor spouse would have seriously failed to meet its obligations.

Who said separation, said separation of property. You will in fact subject to the matrimonial regime of separation of property.

In case of death of a spouse separated, the other spouse retains the rights granted by law to the surviving spouse.


In which case, can we end the separation?

If this fits you, you can safely continue to live separately all your life, but if you want to end this separation, you have the option.

By voluntarily taking the common life

To have a legal value, the resumption of cohabitation must be established by a deed or declared in the town hall to the registrar. So you need to contact a lawyer or go to your town hall.

The marriage certificate and birth certificates are then annotated and be labeled with common life recovery.

You should know that besides the separation of property which continues to exist, all other provisions previously taken cancel such support to be paid.

If you want to give up the regime of separation of property, you have the option of submitting an application for change of matrimonial regime.

– By asking the judge to convert the separation into divorce.

In all cases of separation, it can be converted into a divorce by mutual consent.

Warning, this is not automatic as one might think, one of the spouses must make the request.

If the separation was made by mutual consent, it cannot be converted into a divorce only by a further joint request. This results in an additional procedure, that is to say new fees and new deadlines.

If one spouse refuses divorce, the other spouse has the right to seek divorce for another reason.

Once separation has been converted into divorce, the cause of separation becomes the cause of the divorce and the assignment of blame is not changed.

The judge intervenes to fix, according to the rules of the divorce, the consequences of divorce, including benefits, pensions, and child custody.

Separation is an alternative to divorce, especially for couples Roman Catholic who see marriage as an indissoluble sacrament.

But this is an expensive procedure, especially if, in the end, it turns into divorce; a slow process and ultimately, of course, a separation but also the prohibition to marry again, which is why this procedure is rarely used.

But when life becomes hell couples and one spouse refuses to divorce, legal separation may be a solution to consider.

Ryan Flores

Author: Ryan Flores