Separation of bodies and de facto separation: what differences?
Verified 17 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)
The body separation is a procedure provided for by law and which concerns only married couples. She allows spouses to remain married while being allowed to no longer live together.
The de facto separation does not exist in the law. It's a situation in which the spouses choose not to live together anymore. All obligations related to marriage remain. The duty of cohabitation still exists, even if the spouses have chosen to live separately.
Body Separation | De facto separation | |
|---|---|---|
Does it have legal value? | Yes | No |
Should a procedure be followed (by mutual or judicial consent)? | Yes | No |
Do you need a lawyer? | Yes | No, because no procedure is required |
Do you have to go through divorce proceedings? | Yes | Yes |
Duty to cohabit | No | Yes, according to the law, because it is an obligation of marriage |
Separation of assets | Yes | No, unless the spouses have a marriage contract of the separation of goods |
Duty to rescue | Yes | Yes |
No | Yes | |
Possible. It may be laid down in a convention or in a judgment. | Possible. The spouses may seize the JafJaf : Family Court Judge. | |
Yes, unless otherwise specified in the legal separation agreement by mutual consent | Yes | |
Yes, unless otherwise specified in the legal separation agreement by mutual consent | Yes | |
Possibility to resume common life | Yes | Yes |
Joint tax return | No | Yes |
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Consequences of Body Separation
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