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.
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 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.