Effects of separation
The effects of the separation judgment are as follows:
Property separation
Property separation between spouses arises. From the moment of separation, each spouse earns only his personal property. The property of joint spouses from the pre-separation period may be divided (by contract or court).
Exclusion from inheritance
Spouses do not inherit each other (unless on the basis of a will).
No presumption of the child’s origin
There is no legal presumption that a child comes from a marriage if it was born 300 days after the separation.
Duty of assistance
After separation, the spouses are always obliged to assist each other, if the reasons of equity so require.
Alimony between spouses
In cases determined by law between separated spouses, an obligation arises to pay alimony (unlimited in time). Firstly, a separated spouse who has not been found guilty of the breakdown of life and who is in need, may require the other spouse to provide the means of subsistence to the extent corresponding to the justified needs of the claimant and the earning and property opportunities of the obligee.
Secondly, if one of the spouses has been found guilty of the breakdown of life and the separation results in a significant deterioration of the innocent spouse’s situation, the court, upon request of the innocent spouse, may decide that the other spouse should contribute to satisfying the justified needs of the innocent spouse (i.e. paying alimony), even if this was not in need.
Maintenance for children
The court decides to what extent each spouse is obliged to bear the costs of maintaining and raising the child. In practice, this means that one of the spouses is required to pay maintenance to the other spouse with whom the children live.
Parental authority
The court decides on parental authority over the joint minor child of both spouses. It may delegate the exercise of power to one of the parents by limiting the second parent’s power to certain duties and rights in relation to the child’s person. However, the court takes into account the written agreement of the spouses on the manner of exercising parental authority and maintaining contact with the child after the decision of separation, if it is in accordance with the best interests of the child.
Contacts
The court determines with whom the child is to live during the period of separation and, in the absence of an agreement between the parents, the court establishes contacts with the child of the other parent. With the consent of both parents, the court may institute alternate care or not make any decisions about contacts.
Shared apartment of the spouses
If the spouses occupy a common flat, the court in the ruling adjudicating separation also decides on the method of using the flat for the duration of shared residence of the spouses in separation. In exceptional cases, when one of the spouses condemns abnormal actions in court, the court may order his eviction at the request of the other spouse.
Division of assets
At the request of one of the spouses, the court may, in the ruling that grants separation, divide the joint property, if the carrying out of this division does not cause undue delay in the proceedings.
Differences between the effects of divorce and separation
The main difference between separation and divorce is that after divorce the marriage can be remarried, unlike after separation. Separation, on the other hand, can be abolished and the “old” marriage restored. After the divorce, you can return to your previous name; after separation, you cannot. The period of payment of alimony to the other spouse after divorce is limited in certain cases to 5 years, but there is no such limitation for separation. After separation, the spouses are always obliged to assist each other if the reasons of equity so require; this obligation does not exist after divorce.