Separation of Bodies: A Useful and Protective Procedure
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Separation of Bodies, Family Law, Marital Bond, Divorce Law, Civil Code, Conjugal Bond, Patrimonial Consequences, Social Protection, Succession Protection
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Abstract
The separation of bodies is a legal procedure that allows couples to end cohabitation without breaking the marital bond, providing a respectful alternative to divorce for those with religious or personal objections.
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[...] Nevertheless, this separation of bodies is less and less used, it seems outdated. The question that arises in this case is the following: theshould a separation of bodies disappear in favor of a mode of dissolution of marriage ? This question presents many legal interests such as the maintenance of conjugal bond, patrimonial consequences or even social and succession protection. Furthermore, this subject has its own interest in that it concerns both law, morality and society as well as the economic domain. [...]
[...] - Removing the separation of bodies allows for simplifying the law in general (fewer articles in the Civil Code, fewer procedures) and making the law more accessible, simpler: this is a will of the politicians for many years The ambiguous and insecure nature of the procedure - It is an intermediate situation, little understandable/ambiguous for third parties such as banks or administrations - Civ. 1re Apr n° 07-14.891 : Prohibition of substitution of a divorce request to a request for legal separation in the same procedure THEN Civ. [...]
[...] In 1804, separation of property is reintroduced. This procedure is today provided for by articles 296 to 309 of the Civil Code as well as by articles 1129 to 1136, and 1148 to 1148-3 you Code of Civil Procedure. The separation of bodies can be pronounced in the same cases and under the same conditions as divorce. It produces effects between spouses like the maintenance of marriage and thus the impossibility of concluding a new marriage, the separation of assets and the end of common taxation, the maintenance of the duty of assistance in the form of alimony and finally, the conservation of inheritance rights except renunciation. [...]
[...] Should the separation of property disappear in favor of a dissolution mode of marriage? - Introduction and detailed plan FAMILY LAW According to the Justice 2022 statistical references published on the Ministry of Justice website, "The number of separations of property, which represents 0.8% of union break decisions, has been decreasing since 2016." The separation of property therefore continues to decrease. Separation of property can be defined as the procedure that brings an end to the obligation of cohabitation between spouses while leaving the marriage intact. [...]
