When spouses, or one of them, decide to end the marriage, they have two options: separation or divorce . In colloquial language they are often used synonymously, but legally there is a big difference between separation and divorce.
Articles 73 to 107 of the Civil Code regulate nullity, separation and divorce. Each of these three figures has some common effects, but they obviously have their own meaning:
Nullity of marriage : this refers to the invalidity of the marriage. During its celebration, one of the defects of nullity occurred (defects in the consent or capacity of the contracting parties).
Marital separation : the marital bond is maintained but cohabitation ceases.
Divorce : definitive break-up. It involves the dissolution of the chinese overseas europe database marriage, both the marital cohabitation and the economic regime.
Common elements of separation and divorce
Separation and divorce have in common the fact that the couple has separated (either permanently or temporarily). This separation gives rise to the need to regulate certain matters between the spouses:
Custody and care in the event of minor or disabled children
Use and enjoyment of shared housing
Debt payment
Alimony or compensatory pension
Etc.
They also have the process as a common element , both have two processing routes:
A separation or divorce can be carried out by mutual agreement (known as express divorce ). It is a quick and more economical process.
In the absence of an agreement, a court ruling may be used . The effects of the break-up are those determined in the judgment that resolves the matter.
Divorce
Art. 85 CC: Marriage is dissolved, whatever the form and time of its celebration, by the death or declaration of death of one of the spouses and by divorce.
Since 2005, following a reform, the obligation for spouses to be separated was removed , allowing them to divorce directly; making shared custody easier and allowing it to be carried out without alleging any grounds for divorce. This is known as express divorce .