Consultant

Legal consultations 24/7

Open
image

Establishment of a regime of separate residence of spouses

Greetings 👋

My name is Alexander, I am your personal manager. Let me help you!

image
image
img
PREMIUM 48.28
advertisement
Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

i

Reading time: 7 minutes Total views: 103
Rate:
0
Publication date: 11.05.2024

I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.

    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.

image
Top 10

PRO consultants

All consultants
PREMIUM 78.02 Топ 1
image

Studentsov Alexander Oleksandrovich

Lawyer Ukraine / Kyiv
і
PREMIUM 68.27 Топ 2
image

Grytsai Mykola Igorovich

Lawyer Ukraine / Kyiv
і
PREMIUM 60.05 Топ 3
image

Borevych Mariia

Lawyer Ukraine / Kyiv
і
PREMIUM 55.33 Топ 4
image

Одинцова Валерія

Lawyer Ukraine / Kyiv
і
PREMIUM 52.59 Топ 5
image

Baladyha Serhiy

Lawyer Ukraine / Kyiv
і
PREMIUM 51.7 Топ 6
image

Makeev Dmitry Vyacheslavovich

Lawyer Ukraine / Kremenchuk
і
PREMIUM 48.28 Топ 7
image

Khyzhavska Olesia Yaroslavivna

Lawyer Ukraine / Khmelnytskyi Oblast
і
PREMIUM 39.18 Топ 8
image

Molchanov Oleg Viktorovich

Attorney Ukraine / Kyiv
і
PREMIUM 39.1 Топ 9
image

Миколаєнко Олена

Lawyer Ukraine / Kyiv
і
PREMIUM 37.16 Топ 10
image

Yulia Palagina Volodymyrivna

Lawyer Ukraine / Kharkiv Oblast
і

We verify each specialist who signs up for our service and ensure the high quality of our services.
CONSULTANT - is a clear and largest ranking of lawyers and attorneys so that everyone can choose the best specialist in the right place and at the right time.

The rating of lawyers is formed on the basis of positively completed orders, your feedback, ratings
and comments. The rating cannot be bought: it is formed exclusively by users. TTherefore, if you need services, advice or preparation of documents from the best lawyers and attorneys - you can confidently trust our specialists!

image
It could be interesting

Similar services and articles

image
Calculate

Service cost

  • Do you need a military lawyer or attorney?
  • Have you previously sought legal assistance?
  • Is your question related to documents or contracts?
  • Do you plan to go to court in the near future?
  • Do you need legal support for a transaction (purchase, rent, etc.)?
  • Do you have official documents related to your issue?

Cookies And Privacy

We use our own and third-party cookies to personalize content and to analyze web traffic.