LEGAL separations

Legal separation is a legal measure that allows spouses to end living together without dissolving the marriage. This alternative to divorce, often chosen for personal, religious or property reasons, has important consequences.
The firm supports its clients in order to secure their rights and to preserve their interests.

Support within the firm

Step 1
Making contact
During an initial contact by email or telephone, we obtain a first overview of your situation and your problems in order to ensure that the firm will be in a position to provide you with the expected answers.
Step 2
CONSULTATION
During our first appointment, we explore possible procedural options, their consequences, and solutions to protect your interests. The determination of the strategy can begin during our interview, and will be refined after receiving and analyzing the elements of the file.
Step 3
Follow-up
Throughout the amicable or litigation procedure, we remain available and responsive. We guide you with rigor and expertise, while listening and caring, so that you are always informed and supported.

SOME EXAMPLES OF SITUATIONS:

Legal separation by mutual consent: Amicable procedure when the spouses agree on the principle and the consequences of separation.

Litigation separation: Court procedure when the spouses cannot reach an agreement on the terms of separation.

Organization of separate living: Determining the residence of the spouses, division of property, alimony, custody of children.

Conversion to divorce: Possibility to later transform the legal separation into a divorce if the situation changes.

Legal separation: an alternative to divorce that must be mastered

Legal separation allows spouses to live separately while remaining legally married. Unlike divorce, it puts an end to the obligation to live together but maintains the marital bond, in particular the duty of fidelity and the status of spouse.

This procedure can be initiated by mutual consent or in a litigation manner, depending on the couple's situation. The legal challenges of legal separation are significant. It leads to the separation of assets, the end of the presumption of community, and may result in the payment of alimony for the benefit of one of the spouses.

When children are concerned, the judge also decides on their residence, the exercise of parental authority and the modalities of contributing to their maintenance. Legal separation can be a temporary solution, allowing the spouses to take a step back without definitively breaking the marriage. It can also later be transformed into a divorce, under certain conditions.

Legal support is essential to assess the advisability of this approach and to measure its short and long term consequences.

The firm assists its clients throughout the procedure, from the analysis of the personal and asset situation to the implementation of judicial decisions. Each case is handled with rigor, confidentiality and particular attention is paid to human and family issues.

Our first tips

Think carefully about the consequences: legal separation does not allow you to marry again, unlike divorce.
Legal separation may be a solution if you have religious beliefs that are opposed to divorce.
Anticipate financial aspects: legal separation puts an end to the matrimonial regime like a divorce.

Frequently asked questions

What is the difference between legal separation and divorce?
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Legal separation maintains the marital bond: the spouses remain married and cannot marry again. It puts an end to the duty of cohabitation and fidelity, and leads to the separation of assets, but preserves certain rights (inheritance, social security).
Can a legal separation be transformed into a divorce?
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Yes, after 2 years of legal separation, each spouse can request conversion into a divorce without having to invoke any particular reason. The procedure is then simplified.
What are the benefits of body separation?
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It allows you to live separately while maintaining some of the benefits of marriage (pension rights, social security, inheritance). It is suitable for people who have religious beliefs or who want a period of reflection before a possible divorce.
Does legal separation have the same effects as divorce?
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Partially: it puts an end to the duty of cohabitation, leads to the liquidation of the matrimonial regime, and makes it possible to fix child custody and pensions. But unlike divorce, the marital bond persists and remarriage is impossible.

Do you have another question?

mcdp.law@gmail.com
07 65 75 38 21