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Publication date: 11.05.2024
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Spousal separation is a state where spouses live apart from each other without a formal divorce. This can be for a variety of reasons, such as conflicts, disagreements, a need for space, or a period of reflection. In some legal systems, separation may have legal consequences governed by cohabitation laws, such as issues of alimony, division of property, etc.
The regime of separate residence of spouses is a legal status in which spouses live separately, without a common place of residence. They may live apart for various reasons, such as conflicts, disagreements, a need for space, or a period of reflection.
This is a legally recognized condition that can have consequences for further family law issues, such as property division, alimony issues, parental rights, etc. The legal consequences of a separate residence regime may differ depending on local legislation and the circumstances of a particular case.
Article 119 of the Family Code of Ukraine regulates the procedure for establishing and terminating the regime of separate residence for spouses.
Let's take a look at it:
Paragraph one states that the court can make a decision to establish a regime of separate residence at the request of the spouses or the lawsuit of one of them in cases where the wife and (or) the husband cannot or do not want to live together.
Paragraph two states that the regime of separate residence is terminated in case of restoration of family relations or by a court decision based on the application of one of the spouses.Therefore, these provisions of the law establish a legal mechanism for families who decide to live separately, as well as conditions for ending this regime in the event of a change in circumstances.
These legal consequences of establishing the regime of separate residence of spouses are usually regulated by family law. Let's take a look at them:
The first point states that the establishment of a regime of separate residence does not release the spouses from their rights and obligations that they had before this regime. This means that the rights and obligations arising from family legislation or established by the marriage contract remain valid even after the establishment of a separate residence regime.
The second point considers two specific legal consequences of establishing a regime of separate residence:
1) Property that will be acquired by the spouses in the future will not be considered jointly acquired during marriage. This means that if a couple divorces or separates, that property can be divided according to local divorce or property division laws.
2) A child born to a wife after the expiration of ten months from the moment of establishing the regime of separate residence will not be considered a child that originates from the husband. This can be important for issues related to parental rights, child support and other family law issues.
Therefore, these legal consequences regulate the legal status of spouses and their children in the context of the regime of separate residence.
The regime of separate residence of spouses can be terminated for various reasons, such as the restoration of family relations, a change in circumstances, or by a court decision.Here are a few ways this can happen:
1. Restoration of family relations: if the spouses decide to return to cohabitation and restore their family ties, the regime of separate residence is automatically terminated.
2. Change of circumstances: if the circumstances that led to the establishment of separate residence have changed in such a way that the spouses no longer need separate residence, they may decide to return to living together.
3. Court decision: the court can also terminate the regime of separate residence based on the application of one of the spouses or as a result of the consideration of the lawsuit, if the court decides that such termination is justified.
These methods may vary depending on legal systems and the specific circumstances of each case.
