When people hear about the separation of a married couple, they often think of divorce or a mutual agreement to live apart without going to court. This can sometimes lead to conflicts, especially if misunderstandings arise during the implementation. Separation without divorce is when a married couple chooses to live apart without legally ending their marriage.
The new law governing persons and families outlines a process for legal separation that does not necessarily involve divorce. Articles 274 to 277 of the revised family and persons law which was published on July 30 stipulate that legal separation is a process by which one or both spouses can apply to court for separation without necessarily dissolving the marriage.
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Separation without divorce, as done elsewhere, can be done for many reasons, such as to give each partner time to reflect and consider the future of their relationship, to reduce financial strain, or to provide a cooling-off period.
According to the law, "Legal separation is done under the same conditions and on the same grounds as an application for divorce as provided by the law, or by mutual consent.”
The claim for legal separation is filed, heard, and decided by the provisions of the law relating to divorce. Grounds for divorce, which also apply to legal separation, include adultery, a conviction for an offense severely damaging reputation, gender-based violence, and refusal to provide for household expenses, among others.
If legal separation and divorce claims are filed concurrently, the court will first decide on the legal separation. Then, after two years of legal separation from the date the judgment becomes final, a court can convert the legal separation into a divorce upon joint application by both spouses or by either spouse.
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"The application for this conversion is filed following the ordinary rules for divorce applications,” reads the law.
Meanwhile, actions for divorces according to the same law are instituted by either spouse to be judged according to ordinary proceedings and barred after five years after discovering the grounds for divorce.
Effects of legal separation
The law indicates that legal separation relieves spouses of the duty of cohabitation but does not dissolve the marriage or the matrimonial regime. The management of property for spouses living under legal separation is governed by the matrimonial regime they choose.
The judgment granting legal separation also determines alimony due to the spouse in need. Spouses involved in legal separation remain obligated to support and educate their children. Additionally, after a ruling on legal separation, the duties of support and fidelity continue to bind the spouses.
This law provides a way for couples to separate without ending their marriage, ensuring legal clarity and protection for both parties involved.