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A separation can end in different ways. Most often it is preliminary to a divorce. In addition, it can affect the residence permit for immigrants.

Separation mutual consent

If the spouses agree on the conditions of separation, they are not forced to go to court. They are free to establish a separation agreement written and signed jointly or to establish an oral agreement. Such an agreement, however, have no legal validity in court.

Ratification of the separation by a court

For the separation agreement to be legally valid, it must be ratified by a court. The courts also serve as mediators in cases of disputed points.
Separation agreement
During a separation, the following points should be regulated:

  • Who is awarded common custody of the children?
  • Who determines visiting rights to children common to the parent who does not have custody?
  • Who is assigned the family house; who move?
  • Who pays to who child support?
  • Who pays the debts arising from the period of common household?
  • Do circumstances require moving to a regime of properties’ separation?

Judicial protection of the conjugal union during separation

A spouse may refuse to live together as long as his personal integrity, his material safety or physical well-being of his family are seriously threatened by the common life. Upon request of the protection of the conjugal union, the court may authorize the suspension of the common life and settle the procedure for separation.

If the welfare and safety of family members are threatened, the common life may be immediately suspended and the ratification of the court obtained later.

In this section: Legal consequences

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