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Separation is a solution that is often chosen by people who are not entirely convinced about the need to definitively end the marriage. Find out how to separate, how long does separation take, how much does it cost and what is the difference between separation and divorce.

What is separation?

Separationis a solution that was not possible at all before 1999 - couples who wanted to break up could only decide to divorce. At the time mentioned above, however, an act appeared (effective from December 16, 1999), thanks to which it was possible for the spouses to also obtain separation.

Separation - definition

According to the dictionary definition, separation consists in separating some people or things. In the context of marriage, the meaning of separation is similar - it consists in a clear separation of the spouses from each other.

What is the difference between separation and divorce?

Well, divorce is basically a "path of no return" - in fact, apart from re-marrying by two of the same people, there is no possibility of undoing it. People who were previously married become completely free after divorce - they can enter into new relationships as well as enter into a completely different marriage.

The situation is different with separation - it also leads to a certain separation of life paths of two people, although in her case they remain married all the time - so during the separation you cannot get married with any other person.

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Separation: when can it be pronounced?

The conditions for legal separation are in fact analogous to those for divorce. In order for the court to decide on the separation, it is necessary that the spouses' marriage breaks down completely (but not necessarily permanently, as is the case with divorce). This includes spiritual (emotional), physical (e.g. sexual contact) and economic life (e.g. shared budget).

Basically, the last element of a marriage is usually the most controversial. Well, in a situation where the spouses live together, cessation is not entirely fulfilledcommon economic life. However, this does not mean that such a couple cannot be separated - life situations are different, therefore decisions about separation are made by the courts after careful, individual consideration of each case.

Separation: when will the court fail to issue a ruling?

Not every spouse who applies to the court for a legal separation will actually be able to receive one. First of all, the welfare of the couple's minor children is taken into account: if the separation of their parents could somehow harm them, the court will not issue a judgment authorizing it.

Another situation where separation is impossible is when it would be inconsistent with the principles of social coexistence. It is simply impossible to clearly define what these rules are - even in various legal regulations the rules of social coexistence are not clearly defined.

It is generally accepted that these principles are the minimum of the generally recognized principles of correctness and honesty in various contacts with other people. As an example of a situation where the separation cannot be pronounced due to non-compliance with the rules of social life, one could mention the situation when one of the spouses is seriously ill and requires care.

Important

How much does separation cost?

The costs associated with granting the separation are borne by the spouses themselves. In a situation where they submit a separation application - that is, when they both want it and do not have minor children - they are obliged to pay the amount of PLN 100. Then, when a petition for separation is filed and the appropriate hearing is pending, its cost is PLN 600.

Separation or divorce?

Separation is a solution for couples whose relationships are in dire state - they don't sleep together, don't eat together, don't spend time together - but there is still a chance that old feelings will come back. You can think about divorce when the spouses absolutely do not see a chance to repair their relationship - it means the final end of the marriage.

Separation, in turn, sometimes gives really good results and allows you to save a marriage. Daily arguments, a constantly tense atmosphere at home or "quiet days" do not help to fix the relationship. Sometimes the spouses' separation for some time causes them to distance themselves from various matters - what they previously thought was a problem, in retrospect, turns out to be a trifle that was not worth arguing about.

The wife may begin to miss her husband's habits, which until now only irritated her. The husband, in turn, may conclude that his wife did not call him so often just toto control him, but she did it because she just needed contact with him. What's more - the husband of these frequent calls may even start to be missing.

Separation is therefore a rescue for some couples - if during it the spouses finally decide that they want to come back together, it is possible to abolish it. In some countries of the world, separation is even a necessary stage before granting a couple a divorce.

Separation: what court decides about it?

Spouses who decide to separate should go to the district court with jurisdiction over their place of residence. Both spouses can request separation. Later, the course of the proceedings depends, inter alia, on on whether the couple have children or not.

If both spouses apply for separation and they do not have minor children, the proceedings are non-adversarial, without adjudication of guilt. After determining whether the conditions for deciding the separation actually apply, the court may issue a decision on separation.

The situation is different when the lawsuit is filed by one spouse or when the couple have minor children. Then the trial takes place and the sentence ends. During the hearing, the court, inter alia, decides that the spouses are guilty - one or both of them may be guilty, or it may be found that neither the husband nor the wife is guilty of the termination of their marriage.

This is of great importance because it affects, inter alia, the division of responsibilities in the care of children, in addition, the fault is taken into account when determining possible maintenance.

Separation: what are its effects?

The legal separation results in the annulment of the marriage community. After it, the spouses are not obliged to live together, they lose their property community. The inheritance is also changed in the event of the death of one of the partners - during the separation, statutory inheritance ceases, and the right to a reserved share is also lost.

Even during the trial - if the spouses have such - the division of parental authority is decided, it is also determined how the spouses will share the costs of childcare. In a situation where the spouses after separation are to live together, the court also determines the rules of how this will be done.

It should be emphasized here that although separation changes a lot, some aspects of life still remain unchanged after it. Well, according to the prevailing regulations, in a situation where the considerations of equity (which also, like the rules of social coexistence, are not specified) will require it, during the separation the spouses are obliged to help each other.

Separation: how to withdraw from it?

When, during the separation, the spouses find that they still want to be in the relationship, it is possible to withdraw it. Just like granting it, also its abolition takes place through the courts. Separation is possible when both spouses jointly demand it to the district court.

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Psychology