Separation of Common Law

Even though it does not end the marriage, separation from bed and board requires a court decision on corollary relief. This includes child custody and support as well as the partition of property between spouses.

Separation from bed and board is a faster and simpler procedure than divorce. Unlike a divorce, a separation from bed and board can be granted as soon as the will to live together is gravely undermined.

Just like a divorce, however, a separation from bed and board brings about the partition of proprety of the matrimonial regime and the family patrimony. The matters of child custody, visitation rights and child support must also be resolved just like for a divorce.

After separation, the spouses’ relationship is ruled by the regime of the separation as to property. Separation from bed and board is automatically terminated when the spouses start to live together again. When this happens, the matrimonial regime of the separation as to property remains unless the spouses elect another matrimonial regime by means of a marriage contract.

It is still possible, after a separation from bed and board has been granted, to file a motion for divorce .