When marital life reaches a breaking point, the law allows for the end of cohabitation, either by joint or individual decision of the spouses, not only through divorce but also through other legal mechanisms, such as:
- Separation in fact
- Judicial separation of property
- Judicial separation of persons and property
SEPARATION IN FACT
Although the spouses no longer live together, the marriage continues to exist, maintaining all of its effects as well as the marital duties (respect, fidelity, cohabitation, cooperation, and assistance).
A period of separation in fact may serve as grounds for judicial separation of persons and property or divorce.
JUDICIAL SEPARATION OF PROPERTY
If one spouse believes that they are at risk of losing their property due to the other's mismanagement of assets, they can request judicial separation of property.
The request is made by the aggrieved spouse against the other (with mandatory legal representation), submitted to the Court in their place of residence.
After the ruling, the common property is divided, either through an agreement between the spouses or, if no agreement is possible, by judicial inventory. Judicial separation of property is irrevocable.
JUDICIAL SEPARATION OF PERSONS AND PROPERTY
Judicial separation of persons and property does not end the marriage, meaning that the separated spouses can only remarry if the separation is converted into a divorce or upon the death of one spouse.
However, it affects the marital duties, as the spouses no longer have the duty of cohabitation and assistance, without prejudice to the right to alimony for the spouse in need. The duties of respect, fidelity, and cooperation, however, remain.
Judicial separation of persons and property ends with either the conversion into divorce or reconciliation.
NOTE THAT:
In most cases, when spouses opt for one of these legal options, they are usually temporary situations, which differ from divorce primarily by maintaining the marital bond.
Thus, a separated spouse cannot validly marry again, unlike a divorced individual, as divorce produces the same effects as the dissolution of marriage by death.
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