Simulation online

installment loan

1Select the amount of your loan :

2Choose your monthly payment :

Your request for

Monthly :
Amount :
Duration :
Taeg : *
Fixed borrowing
rate : ...
Total cost :

I’m separating

Separation can prove to be a beneficial step in the life of a couple. Instead of making a hasty decision that can only lead to divorce, it is sometimes more advantageous to initiate a separation procedure and take the time to reflect on what is best for family life. Many couples seek separation due to their religion, which forbids divorce, or due to social ethics. Moreover, it is an alternative solution when both parties cannot afford to live separately.

Other reasons make you hesitate to divorce? Your children, your property, or even your relationship? So many questions that deserve reflection. Separation can help you make the right decisions later on, whether it is temporary or permanent.

Here are some tips to follow in case of separation and useful information on the possible consequences for your marriage.

I’m organizing…

How to obtain a de facto separation?

Separation is granted to a couple that no longer gets along or when one of the spouses leaves the family nest and no longer complies with the rules of marriage, namely fidelity.

Separation has no legal value like divorce, but the judge only accepts valid reasons such as separation consented by both parties, a serious fault, or a breakdown of common life before granting it. The procedure requires the presence of a lawyer to make the separation legal in the eyes of the law.

Following a request to the family affairs judge, the following aspects can be considered:

the measures for separation of property and assets;
child custody;
the end of cohabitation between the couple.

The consequences of separation

Separation involves a separation of body and property. The marriage is not dissolved but cohabitation is no longer possible. Other terms of the marriage, such as the payment of a pension to the one in need, remain in effect.

If you are a woman, your husband’s name is still in use unless the agreement prevents it.

The spouse enjoys the right of succession in case of the death of the other.

The peculiarity of separation

A separation can last as long as a divorce and can even be more expensive.

Practical advice

The agreement

During a separation, the couple must draft a contract that will set the following points:

child custody;
the marital home;
pensions to be paid;
financial matters: loans, debts, property sharing, etc.

In the case of cohabitation, the separation is done without any legal constraint.

Alimony

One of the spouses can request alimony from the other during a separation. If the couple has children, the one who does not get custody must contribute:

to maintenance (health, food);
to education;
to housing.

If the couple has no children, the allowance is paid to the wife during the separation period as assistance and aid.

The amount of alimony is determined by the judge if the couple does not find a compromise. It is estimated based on resources and the minimum subsistence level set by the court. The amount obtained after calculation is multiplied by the number of children.

Who will have custody of the children?

Statistics show that the court’s judgment mainly favors the mother even though parents’ rights are currently equal. This decision is primarily justified by the child’s well-being. Thus, a mother is more available than a father in different cases, which favors the children’s development.

The father only obtains child custody in certain cases that disadvantage the mother, such as adultery, abandonment of the marital home, or psychological fragility.

The judge will decide after the family affairs judge’s expertise. He may opt for alternating residence, which is very rare since it disadvantages the child’s stability. If one parent wins custody, the visitation rights of the other must be determined.

How to end a separation?

The separation can be lifted when the couple decides to live together again. They must make a declaration to a notary or a civil status officer to restore the marriage. The property separation regime is maintained unless the spouses decide otherwise.

After more than two years of separation, the spouse can request a divorce, but if it is less than two years old, mutual consent is required.

Checklist

Things to avoid during separation

During the separation, every detail of your actions can work against you. Here are some mistakes not to make:

Showing off with a new partner is not allowed before the full dissolution of your marriage, this is seen as adultery.
If you are the alimony debtor, do not be late in payment.
Do not leave the marital home before the separation, this is considered abandonment of the domicile.
Do not take your children with you without the other parent’s permission before the separation, they can contact the police for kidnapping.
Conversely, if you leave before the separation without your children, custody is automatically granted to the other parent.

Things to avoid in front of your children:

Do not argue in front of your child’s school.
Do not attempt to forcibly take your children to the other parent’s place.

To know

You have the right to a fast-track procedure on child custody.
If you are a victim of domestic violence, emergency procedures can be adopted.
If you request separation and your spouse, divorce, the judge may prioritize the divorce.

Do you need financial help to start a separation procedure? Do you want to take the time to reflect on your relationship in a restful, comfortable environment conducive to true reflection? Discover the advantageous conditions of our personal loans (more info on this page).