How can spouses take a break without divorce and what is the regime of separate residence?

Spouses who wish to temporarily suspend cohabitation without divorcing can use the legal mechanism known as the separation regime. This institution allows spouses to live separately while maintaining their marital relationship.

• What is the separation regime?

The separation regime (separation) is a legally established possibility for spouses to live apart without dissolving their marriage. This mechanism can be useful in situations where cohabitation becomes impossible or undesirable, but the spouses are not ready for divorce.

Procedure for establishing the separation regime:

1. Voluntary Agreement:

• Spouses can jointly submit a petition to the court to establish the separation regime.
• The court considers the petition in a separate proceeding and, if there are no objections, issues a ruling to establish the regime.

2. At the Initiative of One Spouse:

• If one spouse wishes to establish the separation regime, they can file a corresponding lawsuit in court.
• The court examines the case in a contentious proceeding, taking into account the circumstances and arguments of the parties.

3. Legal consequences of the separation regime:

• Property Relations:
• Property acquired by each spouse after the separation regime is established is not considered joint property.
• This means that each spouse acquires property individually.
• Parental Rights and Obligations:
• The establishment of the separation regime does not affect the rights and obligations regarding children.
• Parents are obliged to ensure the proper upbringing and support of children, regardless of their living arrangements.
• Marital Obligations:
• The separation regime does not terminate marital obligations established by law or a marriage contract, unless otherwise provided by the court's decision.

4. Duration of the separation regime:

• The court may establish the separation regime for a fixed period or without specifying a time limit.
• The separation regime is terminated by the court's decision or at the request of one of the spouses if they resume cohabitation.