Sometimes, in complex relations between spouses, a complete breakdown of marriage has occurred but it is not permanent. This means that spouses do not want to end their marriage definitively but only need to get separated from each other for some time.
In such situations, they can file a petition for separation.
In principle, separation has similar consequences as those of a divorce, except that spouses may not contract another marriage or return to their surname at birth.
For legal advice on separation and questions related to the representation of the process, we invite you to a personal meeting in our office with Ms. Aleksandra Pietkiewicz lawyer, a specialist in family law (separation, division of property, alimony, divorce). In order to arrange a meeting time (also after 17.00) please call us – 8.00 AM – 17.00 PM.
Since separation means that the communal property regime ceases to exist between spouses, once the final divorce decree has become legally binding, the parties may file a petition for a division of property.
Separation also has important consequences in the sphere of inheritance law, as it excludes the possibility to inherit from the other spouse, and to demand the legitim.
If relations between the separated spouses improve, the court will lift the separation upon their joint petition in the non-litigious mode, and the consequences of separation will cease to exist.