Separating from bed and board is a kind of temporary solution. If you don’t want to officially divorce by law, but you can’t live together under one roof, this way of divorce is a solution. However, this form of divorce is becoming less common. That has to do with the law. By law you are no longer obliged to live together during the marriage. A legal separation can only be requested if you are married. This form of divorce is not possible in a registered partnership.
Why the choice for legal separation?
A separation from bed and board is more of a thing of the past, but it still occurs a few times nowadays. In the past, this took place because of religion. It was no longer possible to continue together under one roof, but because of faith there was no separation allowed. Nowadays that is different and it has more to do with financial security or living together is really no longer possible. Separating from bed and board means that you are still married but no longer living together.
The form in which you are married is also important in a legal separation. If you are married in community of property, this is converted into a prenuptial agreement with this form of divorce. This means that all your belongings, assets and possible debts must be divided. After the separation from bed and board, you both have your own things and assets.
Divorce proceedings
The procedure for legal separation is about the same as for a normal divorce. Although it is not an official divorce, you still need a lawyer. The judge will eventually grant the legal separation if he is convinced that your marriage has broken down permanently.
Do you have children together who are still minors? Then you are obliged to draw up a parenthood plan in this case as well. In addition, you will have to make and record agreements about the division of belongings, the assets, any alimony and the other agreements that you agree together. This is possible by means of a divorce covenant. You remain married legally, but in practice you are divorced.
If the judge has pronounced your legal separation, the divorce must be entered in the matrimonial property register at the registry of the court. Keep in mind that the decision is registered within six months. After the six months, the ruling will lapse if it has not been submitted.
End of separation from bed and board
The possibility to remain separated from bed and board for the rest of your life is possible, there is no time limit. However, you may eventually want to finalize the divorce and officially dissolve the marriage. For example, to marry someone else or to enter into a registered partnership. There are rules to this dissolution that you must adhere to. For example, it is not possible to officially dissolve the marriage within 3 years after the legal separation. It is also possible that you want to be officially married again, in which case you can inform the court of this and you will be married again.
