The de facto separation it supposes the cessation of the coexistence of the spouses, before being able to process a legal separation or a divorce.
Unlike the “right” separation, de facto separation does not imply following the procedures established as of Article 81 of the Civil Code nor is it legally recognized. However, it does have certain important legal effects.
When does a de facto separation proceed?
In the event that a couple wants to break their relationship before three months have elapsed since the celebration of marriage, the only possibility is that they come to a de facto separation.
This is because one of the main requirements to access a legal separation or divorce is a minimum period of three months of marriage.
Thus, the spouses may benefit from this kind of separation in two ways:
- Mutual agreement.
- Filing a lawsuit.
However, not recommended Access this route of separation due to the legal consequences that it may entail and especially when there are children in common.
Legal and economic effects of de facto separation
After a de facto separation, most of the effects and duties of marriage will persist and some of the legal benefits that it entails will cease to apply.
Some of the possible effects of greater relevance In several areas (property, inheritance, criminal, etc.) are the following:
- If the separation is not legalized, there may be a conflict of interests in relation to the Economic matrimonial regime when the marriage is governed by the Profit regime.
- Difficulty in claiming an economic imbalance and denial of compensatory pension, if requested.
- Spouses they will not be able to receive their share of the heritage in case of death of one of them, as established in the Article 834 of the Civil Code.
- The legislation excludes those separated in fact in the possibility of obtaining a widow’s pension after the death of one of the spouses (although this will depend on the specific situation in each case).
- In a de facto separation, one of the spouses could reach to sue to the other for a family abandonment offense If you disregard your family duties.
The entrance De facto separation was first published in Legal Concepts.