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Publication date: 17.03.2024
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Regime of separate residence of spouses is a legal status in which spouses live separately from each other, without having a common place of residence.
In Ukraine, as in many other countries, the procedure for establishing the regime of separate living of spouses is regulated by legislation. This process can be complex but properly formalized using appropriate legal means.
Establishment of the fact of separate residence of spouses is the process of documenting and confirming that both members of the couple live separately, without a common place of residence. This may involve collecting evidence such as rental or purchase agreements for housing, information about the registration of residence, bank account statements, as well as testimonies from neighbors or other witnesses. This process may also include support from social services if there is a need for official recognition of separate living for judicial, tax, or other legal purposes.
Preparing to file a lawsuit. First and foremost, one or both spouses must decide that they wish to live separately. This may arise for various reasons, such as disagreement, conflicts, or relationship breakdown.
Consultation with a lawyer. After deciding to divorce, it is recommended for spouses to consult with a qualified lawyer to obtain advice on the legal aspects of divorce and further actions.
Collecting documents. To file a lawsuit to establish the regime of separate living, it is necessary to gather necessary documents such as marriage certificates, passports, birth certificates of children (if any), as well as any evidence of disagreement or conflicts between spouses.
Filing a lawsuit in court. After preparing the documents, the lawsuit to establish the regime of separate living is filed in court at the place of residence of one of the spouses. The lawsuit must clearly state the reasons confirming the need for housing separation.
Court process. After filing the lawsuit, the court sets a date for the hearing. During the court process, each party has the opportunity to present their arguments and evidence to support their position. If an agreement is reached between the parties, the regime of separate living can be established directly by the court.
Court decision. After considering the case, the court makes its decision. If the court finds sufficient grounds for establishing the regime of separate living, it may issue an appropriate decision.
Execution of the court decision. After the court issues a decision to establish the regime of separate living, the parties must comply with the terms of this decision. Refusal to comply with the court decision may have legal consequences.
The regime of separate living of spouses terminates in the following cases:
Return to cohabitation: If the spouses decide to return to cohabitation, this may lead to the termination of the regime of separate living.
Reconciliation: If the spouses decide to reconcile and resolve the issues that led to the divorce, this may lead to the termination of the regime of separate living.
Conclusion of a new agreement: If the spouses enter into a new agreement or arrangement for joint living, the regime of separate living may be terminated.
Resolution of conflicts: If the spouses resolve their differences and conflicts, this may lead to the termination of the regime of separate living.
Court decision: In cases of court proceedings regarding divorce or property division, the court may decide to terminate the regime of separate living and establish other conditions for the spouses' living arrangements.
Overall, the process of establishing the regime of separate living of spouses in Ukraine requires adequate preparation, legal knowledge, and adherence to procedures. Seeking assistance from a qualified lawyer can significantly facilitate this process and ensure the protection of the rights and interests of the parties.
