Separation from bed and board offers the possibility to keep the marriage legally intact, while the duty to cohabit ceases. This can be a solution for religious, financial, 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 community of property are lifted. Remarriage is not possible in this situation.
How does it differ from divorce?
| Criterion | Separation from bed and board | Divorce |
|---|---|---|
| Marital status | Remains intact | Is terminated |
| Remarriage | Not permitted | Permitted |
| Inheritance law | Remains in force | Ceases |
| Community property | Is dissolved | Is dissolved |
| 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 statutory heir
- Insurance benefits: It can be financially advantageous to remain insured as a family
- Pension provisions: Survivor's pension remains intact
- Space for reconciliation: It provides time to consider whether you want to continue together
How does the procedure proceed?
The process is similar to that of a divorce:
- Filing a petition through an attorney with the court
- Choice between joint or unilateral petition
- Decision by the judge
- Registration in the civil registry
Conversion to divorce
After a period of at least three 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 the children?
Just like in a divorce, arrangements must be made regarding custody, contact, and child support. A parenting plan is mandatory if there are minor children.Is it possible to live together again?
Yes, you can resume cohabitation without official steps. However, the community of property is not automatically restored; for this, you must engage a notary for new matrimonial property conditions.What does this mean for inheritance law?
You remain each other's statutory heir. If you wish to change this, you must draw up a will to exclude your partner from the inheritance.Frequently asked questions
What is separation from bed and board?A legal separation where the marriage remains intact. When to choose this?
In cases of personal or religious objections to divorce. What are the consequences?
You no longer have to cohabit. How does the application work?
Through a procedure at the court. Can it be converted?
Yes, after some time to a divorce.
Summary
Separation without terminating the marriage.Key points
- Marriage remains intactCourt: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal Aid Office: Juridisch Loket Utrecht, Catharijnesingel 55