Body Separation - Mutual Consent

Unlike divorce, legal separation allows spouses to remain married, but to be allowed to no longer live together.

Separation of bodies always leads to the separation of goods.

The procedure for legal separation by mutual consent is identical to the procedure for divorce by mutual consent. A legal separation agreement between the spouses is drawn up by their respective lawyers and is registered with a notary.

Legal separation concerns only married couples and whatever their matrimonial regime (community regime reduced to acquisitions, separation regime, etc.).

Each spouse duty have a lawyer to separate by mutual consent.

One fee agreement must be signed with the lawyer to to fix his fees.

If a spouse is under-resourced, he or she may apply for legal aid to cover all or part of these costs.

The lawyer shall send the draft agreement to the spouse whom he is assisting by registered letter with acknowledgement of receipt.

The draft may not be signed by the spouses before the expiry of a reflection period of 15 days from the reception.

The convention must be signed together by the spouses and their lawyers in 3 copies. Each spouse shall keep an original of the agreement together with its annexes. On the 3rd^e original is for the notary.

The agreement must then be deposited with a notary. It records it and keeps it in its archives called minutes.

The notary checks whether the procedure has been complied with in form, by the presence in the convention of the mandatory particulars. It checks, for example, whether each of the spouses has complied with the 15-day reflection period before signing the agreement.

The deposit of the agreement with the notary allows the agreement to be given definite date and enforceability, i.e. the Convention shall apply immediately.

The spouses may stipulate in the agreement that the consequences of the separation shall take effect at a later date.

Lawyer's fees

The cost varies depending on the lawyer's fees chosen.

If a spouse's resources are insufficient, he or she may apply for legal aid to cover all or part of these costs.

Notary's fees

Legal separation always entails the separation of the property of the spouses.

The matrimonial regime must be liquidated in order to share the assets between the spouses (property, bank accounts, debts, credits...).

Different types notary fees shall be borne by the spouses.

Effective Date

Legal separation shall take effect on the date of signature of the agreement, unless the spouses have agreed on another date.

The Convention is enforceable to third parties from the day on which the civil registration formalities were completed.

Cessation of the duty of cohabitation

The spouses remain married, but they are allowed to no longer live together.

Separation of property

Separation of bodies always leads to the separation of goods.

Spouses married under a community system will have to liquidate the matrimonial regime, unlike spouses married under the separation of property regime. The liquidation is carried out before a notary.

The spouses' regime will be that of the separation of property. For example, property purchased by one spouse during the legal separation will be considered personal property and not as belonging to the two spouses.

A spouse who takes credit or debt during legal separation will have to pay it alone.

Effects on children

The Convention shall lay down the exercise of parental authority. It determines the place of residence of the child(ren), shall fix the amount of the maintenance, and shall organize the right of access and accommodation.

If pregnant during body separation, the presumption of paternity is excluded because of the lack of cohabitation.

Maintenance of marriage obligations

Other obligations arising out of marriage remain, in particular the duty of fidelity, emergency and support.

As a result, spouses cannot marry or enter into an agreement Civil partnerships: titleContent.

Maintenance payment to spouse

The duty to provide assistance may give rise to the payment of a maintenance to the needy husband. It may be provided for by the legal separation agreement or by a subsequent judgment.

If the consistency of the husband's property debtor This pension may be replaced by the payment of a capital sum.

Can keep the same name

Each spouse retains the use of the other's name, unless the agreement provides otherwise.

Succession

If one of the separated spouses dies, the surviving spouse retains the inheritance rights provided for by law.

However, in the case of legal separation by mutual consent, the agreement may provide for the spouses to waive their respective inheritance rights.

Legal separation ceases if the spouses resume their common life, if they divorce or if one of them dies.