When a couple decides not to live together anymore, they are immediately faced with huge financial consequences. One of them is suddenly forced to take the cost of living elsewhere, while they are still legally married. Separation without dissolution of the body offers some advantages here. CONSIDERING that we wish, by mutual agreement, to settle all matters relating to our matrimonial affairs, custody and visitation of children, personal and immovable property and finances; When married spouses obtain a divorce, the court order granting the divorce legally terminates the marriage. On the other hand, a lawsuit for separate alimony or legal separation does not end the marriage. However, an action for rupture of body deals with parental and property issues related to marriage, much like a divorce. The "separate remedy for alimony" is a form of what is commonly known as "legal separation". A separate maintenance claim does not resolve the marriage of the parties, but requires the court to issue various injunctions regarding the division of property and debt, custody, access and maintenance, and the maintenance of the spouses. The separate alimony action is actually a relic of the past, when divorces were more difficult to obtain. It is not often submitted and can increase costs. Where one party files a separate claim for maintenance and the other party files for divorce, the court must grant the divorce instead of the separate application for maintenance.
Our home and family law lawyers at Hampton &Royce, L.C., understand how intense the personal and emotional issues of separation and divorce are for spouses who are considering separating or ending a marriage. We take care to protect the interests and needs of our clients in the short and long term. This agreement defines the entire agreement and understanding between husband and wife with regard to the settlement of property and war finances and replaces all prior discussions between us. No modification or supplement to this Agreement or any waiver of the rights conferred by this Agreement shall be effective unless signed in writing by the party to be invoiced. Separation without a break in body requires couples to submit a formal separation. From the court`s point of view, this gives the spouses some necessary distance to see if they can solve their problems. During separation, the courts require a fair division of property and debt – a decision that can be made by the couple if they can agree on the issues. If this is not the case, the judge has the final power to make these decisions.
While separate maintenance actions are less common than divorce proceedings, there are reasons why a couple may pre-say separation without dissolution of the marriage bond of a divorce. . . .