I’m Separating: Practical Advice and Solutions

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 issues: loans, debts, asset sharing…

In the case of cohabitation, 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 obtain 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 cannot find a compromise. It is estimated based on resources and the minimum vital to maintain, which is 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 mostly 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 various cases, which promotes the children’s development.

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

The judge will decide after an assessment by the family affairs judge. He may opt for alternating residence, which is very rare as it disadvantages the child’s stability. If one parent gains 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 separation of assets regime is maintained unless the spouses decide otherwise.

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

Check-list

To Avoid During Separation

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

• Displaying yourself with a new partner is not allowed before the complete dissolution of your marriage, as this is perceived as adultery.
• If you are the debtor of alimony, do not be late with the payment.
• Do not leave the marital home before separation, as this is considered abandonment of the domicile.
• Do not take your children with you without the other parent’s permission before separation, as they may contact the police for abduction.
• Conversely, if you leave before separation without your children, custody is automatically granted to the other parent.

To Avoid in Front of Your Children:

• Do not argue in front of your child’s schoolyard.
• Do not attempt to take your children by force from the other.

To Know

• You have the right to resort to an expedited procedure on child custody.
• If you are a victim of domestic violence, emergency procedures can be adopted.
• If you request separation and your spouse requests divorce, the judge may consider divorce as a priority.