Publication date: 29.05.2024
Establishing the regime of separate residence of spouses: legal aspects and consequences
In marriage, situations sometimes arise when spouses are forced to live separately for certain reasons, but at the same time do not want to officially separate. It is for such cases that Ukrainian legislation provides for the possibility of establishing a regime of separate residence of spouses.
The regime of separate residence of spouses can be established by mutual consent of the husband and wife or by court order. This is usually done by couples who are experiencing temporary difficulties in their relationship, but do not want to permanently break up their marriage for various reasons (for example, due to religious beliefs, the presence of joint children or property issues).
The process of establishing the regime of separate residence of spouses involves several stages. First, it is necessary to apply to the court with an appropriate application, in which the reasons that led to such a decision should be clearly stated. The court, in turn, examines the case and adopts a resolution establishing the fact of separate residence of the spouses.
It is worth noting that the actual separate residence of spouses is not a sufficient basis for establishing an official regime. For this, it is necessary to go through a legal procedure and obtain an appropriate court decision.
After establishing the regime of separate residence of the spouses, a number of legal consequences arise between the husband and wife. In particular, the obligation to live together, as well as mutual maintenance, is terminated. However, other rights and obligations of the spouses, such as the duty of the parents to support the child or the mutual ownership of property, remain unchanged.
The regime of separate residence of spouses can be terminated in several cases. First, by mutual consent of the spouses, if they decided to resume cohabitation. Secondly, in case of divorce or death of one of the spouses. And, finally, the regime of separate residence is terminated automatically, if within one year from the moment of its establishment, the spouses have not filed an application for divorce.
It is important to understand that establishing the fact of separate residence of spouses is not a legal divorce, but only a temporary regime that regulates certain aspects of family relations. Therefore, if the spouses wish to permanently terminate the marital relationship, it is necessary to apply to the court for a divorce.
During the procedure of establishing the regime of separate residence of the spouses, it is recommended to engage experienced lawyers or attorneys who will help prepare the necessary documents, represent interests in court and explain all the legal consequences of such a decision.
In summary, the establishment of the regime of separate residence of the spouses is a legal tool that allows to temporarily regulate certain aspects of the family relationship when the spouses do not want to separate immediately. However, this is only an intermediate stage, and if it is impossible to restore normal relations, the final step will be an official divorce. The main thing is to take a balanced approach to making such decisions and follow legal norms to avoid possible conflicts and violations of rights in the future.
