Separation from bed and board offers an alternative to divorce where the marriage remains legally intact, but the duty to cohabit lapses. This can be a solution for religious or personal reasons.
What does separation from bed and board entail?
In a separation from bed and board, you remain officially married, but the obligation to cohabit and the matrimonial property regime are terminated. Remarriage is not possible in this situation.
Differences with divorce
| Criterion | Separation from bed and board | Divorce |
|---|---|---|
| Marital status | Remains in force | Is terminated |
| Remarriage | Not permitted | Permitted |
| Inheritance law | Remains preserved | Lapses |
| Matrimonial property regime | Terminated | Terminated |
| Maintenance obligation | May apply | May apply |
Motives for separation from bed and board
- Religious conviction: Some religions do not permit divorce
- Preserving inheritance rights: You remain each other's legal heirs
- Insurance benefits: It can be financially advantageous to remain insured as a family
- Pension provisions: Survivor's pension remains intact
- Time for reflection: Space to possibly reconcile later
Steps in the procedure in Zoetermeer
The procedure is similar to that of a divorce and proceeds via the District Court of The Hague:
- Filing a petition via a lawyer
- Choice between joint or unilateral petition
- Decision by the judge
- Registration in the civil status register
Conversion to divorce
After a period of at least 3 years, one of the partners may file a request to convert the separation from bed and board into a divorce, without the consent of the other being required.
What happens to children in this separation?
Just like in a divorce, arrangements must be made for custody, contact, and child support. A parenting plan is mandatory if there are minor children.Can I resume cohabiting with my partner after this separation?
Yes, you can resume cohabitation without formal steps. However, the matrimonial property regime is not automatically restored; a notarial deed is required for this.What does this mean for inheritance law?
You remain each other's statutory heirs. If you wish to change this, you must draw up a will to exclude your partner from your estate.Frequently asked questions about separation from bed and board in Zoetermeer
What is separation from bed and board?A legal separation where the marriage remains in existence.
When do people choose this?
In cases of religious or practical objections to divorce.
What are the consequences?
No longer an obligation to cohabit.
How does the procedure work?
Via the District Court of The Hague with the help of a lawyer.
Can it be converted?
Yes, after 3 years it can be converted into a divorce.
Summary
Separation without dissolving the marriage.Key points
- Marriage remains legally in existence- Procedure via District Court of The Hague
- Assistance available at Juridisch Loket Zoetermeer