MODE OF SEPARATE RESIDENCE OF THE WIFE

In family life, situations often occur when a husband and wife, as a result of conflicts, resentments or misunderstandings, decide to temporarily live separately. Such a decision can be made to finally understand whether they have a chance to restore marital relations. In the opposite case, the spouses later decide to dissolve the marriage. In this connection, many people have a question: is it possible to legally arrange separate residence of husband and wife?

Ukrainian legislation provides for the possibility of establishing a regime of separate residence of spouses — this procedure exists in order to provide an opportunity to preserve the marriage, to resolve conflicts without making an insufficiently thought-out decision to break up the marital relationship. Such cases are considered exclusively by the court: with the consent of both parties or at the request of one of the spouses.

What are the consequences of establishing such a regime?

The rights and obligations of spouses established by family law or a marriage contract remain unchanged, but:

• any property acquired by them during the period for which separate residence is established will not be considered as acquired during marriage (joint joint property);
• children born to the wife after 10 or more months of separate residence will not be considered as coming from the husband.

What is the procedure for setting up a separate residence?

If both spouses have reached an agreement on this issue, it is necessary to submit a joint application to the court, which will be considered in separate proceedings;

In the event that there is only one party living separately in this initiator, there is an opportunity to file a lawsuit. In most cases, this happens due to the psychological pressure of one of the spouses, behavior that is unacceptable and offensive to the other, etc.

How to stop the regime of separate residence?

Such a regime can be established by the court without a time limit or for the period specified in the application of the spouses or by the plaintiff, taking into account the opinion of the defendant.

For early termination of the regime, the husband and wife must agree on this, actually resuming marital relations. Also, one of the spouses can submit an application, on the basis of which the court will make a decision on termination (for example, if the decision does not specify the term of such residence).

If you have any questions regarding this procedure, the need for legal support of the case, lawyers and attorneys of the legal company "Prykhodko and Partners" will certainly provide qualified and high-quality assistance, which can significantly speed up the process and save your time.