- What is the regime for establishing separate residence for spouses?
- The reasons why the spouses live separately?
- Why establish a separate marriage regime?
- What is the procedure for establishing a separation regime for a spouse?
- For how long can a spouses’ separate residence regime be established?
- What is the significance of establishing a separation regime for a spouse?
What is the regime for establishing separate residence for spouses?
Relationships between spouses are in most cases characterized by cohabitation. In practice, there are often cases in which each of the couple has not yet decided whether they should continue the relationship or it is time to file a divorce.
In the case when a couple takes time to think and each of the spouses makes a decision about their future, they can live separately. The separation of husband and wife does not mean that they are officially terminating the relationship.
This mode of residence is called separate. It can be formalized (legally secured) or not formalized (by agreement).
The reasons why the spouses live separately?
There are many situations and circumstances in which spouses decide to live separately. The most common in practice are:
- deterioration of family relationships, disputes and quarrels;
- suspicions of betrayal of spouses, which were not confirmed;
- seasonal work requiring a long separation (abroad, at sea);
- the need to look after relatives and friends;
- stay in prison (place of deprivation of liberty).
Why establish a separate marriage regime?
The formalization of the separate residence regime is intended in order to protect the spouses in the sphere of material relations.
If the spouses live separately for some time, and then decide to divorce and divide the property, then problems may arise.
This is due to the fact that the property that was acquired and accumulated during the time of the officially unsecured separation of the spouses is considered common – joint property.
In order for the property that was acquired during separation to remain the personal property of the husband and wife, this fact should be legally formalized. A good lawyer will help you with this.
What is the procedure for establishing a separation regime for a spouse?
In order to issue a separate residence regime, spouses need to send an application to the court indicating a request to formalize the fact of separation.
This application can be submitted in two ways:
- one spouse;
- two spouses.
If a spouse submits an application, then this procedure is called a claim.
If the application is submitted by two spouses, then this procedure is called special proceedings.
In most cases, the judiciary will satisfy spouses’ requirements for a separate residence regime. Moreover, in the absence of the consent of one of the spouses to establish such a regime, problems may arise.
In order to protect your material and moral interests and establish an official regime of living separately with your spouse, you should seek help from a good lawyer who will resolve all emerging issues.
For how long can a spouses’ separate residence regime be established?
The term for establishing the regime of separate residence is not limited. A married couple can live separately for as long as necessary.
So, some families can live separately for several months, and after that decide on a divorce or the need to live together. Some couples can live separately for several years, while being married.
What is the significance of establishing a separation regime for a spouse?
The official establishment of the regime of separate residence has the following meaning:
- the property that was acquired during this period is considered the personal property of the spouses;
- if during this period a child was born and more than ten months have already passed, then he is not considered the child of the spouse;
- Each of the married couple can apply for adoption or guardianship without the consent of the other of the couple.
Legal registration of separation has significant legal implications. A good lawyer in the field of family law will protect your interests and help establish a regime of separate residence without unnecessary problems.
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