Judicial separation

The judicial separation is a legal situation resulting from a judgment which puts an end to the obligation common life. One should not confuse with the separation in fact which does not have any legal authenticity and which is only characterized by the absence of common life.

In French right, the judicial separation is envisaged by the articles and following of the Civil code.

How to obtain it?

The judgment of judicial separation is pronounced under the same cases and the same conditions as that of Divorce.

See: Divorce procedure

Consequences of the judicial separation

the husbands remain married but cease having a common life.
the judicial separation always involves the separation of the goods.
the other consequences and obligations born of the marriage remain, in particular the duty of fidelity and the obligation of help.
In addition, in the event of death of the one of the two separate husbands of body, the other husband preserves the rights which the law grants to the surviving spouse if separation were not marked against him.

How to put an end to it?

By a voluntary resumption of the common life: it is enough to be addressed to a notary or the town hall of his residence (with the officer of civil statue). The separation of goods will remain, except if you adopt another matrimonial mode.
By a Divorce: the interested party must address to a lawyer, who will present the request to the Court of Bankruptcy.

- if separation lasted two years, the judgment of separation is automatically transformed into judgment of divorce, at the request of the one of the husbands.

- if the judicial separation were pronounced by mutual assent, it can be converted into divorce only by one new joint request.

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