Publication date: 16.04.2024
The regime of separate residence of spouses is a situation when spouses live separately from each other, not living together, but at the same time being married. This may be due to the impossibility or unwillingness of the husband and wife to live together.
What are the reasons that may cause the need to establish a regime of separate residence of spouses? Such reasons can be, for example: work in another city or country, personal ambitions or disagreements arising in the relationship, efforts of one of the spouses to try to preserve the marital relationship without resorting to divorce, the impossibility of dissolution of the marriage at the moment in accordance with the norms of the law (pregnancy wife, or a common child not reaching the age of 1), etc.
The reasons for establishment of regime of separate residence of spouses may vary depending on the specific situation and needs of the parties, and may be divided into the following groups:
1. Physical separation without severing the marital bond: Some couples may wish to live apart for various reasons such as incompatibility, incompatible life rhythms, religious or cultural beliefs, personality, etc. Establishing a separate residence regime allows them to resolve these differences without breaking up the marriage.
2. Maintaining financial or legal stability: Some couples may choose to live apart for financial or legal reasons, such as protecting businesses or assets from the risk of divorce, inheritance, tax considerations, etc. They may see cohabitation as a way to preserve their individual financial or legal interests.
3. Preserving family relationships: Sometimes a couple may decide to live separately but leave the marital bond intact in order to maintain stability for children or other family relationships. They may feel that this is better for all parties than a complete breakup.
4. Time for independent development: Some couples may decide to live separately to have more space for personal development and independence. This may include career development, education, hobbies or other interests that may be important to them as individuals.
Therefore, the reason for establishing a separate residence regime can be diverse and is determined by the specific needs and circumstances of each couple.
After establishing separate residence, some spouses live separately, but maintain a stable relationship, visiting each other regularly. Others may decide to live separately and end the relationship altogether. Sometimes it can be temporary. It is important that both partners agree to such a regime and know how to manage their relationship in such conditions.
It is worth noting that divorce and cohabitation are two different legal processes that can take place in the context of married life, but they have different consequences and legal status. Yes, divorce takes place when maintaining family relations is impossible.
Living separately is an alternative option for couples who wish to physically separate their lives, but leave the marital legal bond intact. This can be useful for couples who wish to live apart but are unwilling or unable to end their marriage for various reasons, such as religious beliefs or financial considerations. During the establishment of a separate residence regime, the couple can live separately, but their marital rights and responsibilities remain the same, including inheritance, support, property, and so on. That is, the reason for establishing a regime of separate residence is the impossibility or unwillingness of the wife and (or) husband to live together, but when they are not ready to dissolve the marriage, and wish to use any means provided by law to preserve the family.
The regime of separate residence of spouses can be established by the court. Therefore, this process involves submitting to the court an application to establishment of the fact of separate residence of spouses (if both husband and wife agree to this, in this case, the fact of separate residence of the spouses will be established), or a claim statement, if one of the spouses does not agree with this . However, in the case of filing a lawsuit, it must be justified, as the court will have to establish the actual relationship of the parties and make sure of the feasibility of establishing a regime of residence of the spouses separately from each other so that the legalized method of separate residence is not a formal means of resolving disputed property issues.
The regime of separate residence of the spouses is terminated in the event of divorce of the spouses, or by a court decision at the request of one of the spouses in the event that the circumstances that led to the establishment of the regime of separate residence have ceased to exist.
Establishing the regime of separate residence of spouses by the court has certain legal consequences, namely:
1) if during this period the husband or wife acquired property, it will not have the status of joint property of the spouses;
2) if the wife gives birth to a child more than 10 months after the court established the regime of separate residence, then it will not be considered that the husband is the father of this child.
Also, it is worth noting that the establishment of the order of residence of the spouses separately by the court does not affect the rights and obligations of the spouses that existed before that, as well as the provisions established by the marriage contract.
In general, it is important to openly discuss all aspects of this situation with your spouse and ensure mutual understanding and support. If in doubt or have questions, consider contacting a psychologist or family counselor for help in developing strategies for successful cohabitation.
