Separation from bed and board offers an alternative to divorce whereby the marriage remains legally intact, but the obligation to cohabit lapses. This can be a choice due to personal or religious considerations.
What does separation from bed and board entail?
With a separation from bed and board, you remain officially married, but the obligation to cohabit and the community of property are terminated. Remarriage is not possible in this situation.
Differences with divorce
| Characteristic | Separation from bed and board | Divorce |
|---|---|---|
| Marital status | Remains in force | Is terminated |
| Remarriage | Not permitted | Permitted |
| Inheritance law | Remains active | Lapses |
| Community of property | Terminated | Terminated |
| Maintenance obligation | Possible | Possible |
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: Sometimes more advantageous to remain insured as a family
- Pension provisions: Survivor's pension remains intact
- Reflection period: Space to possibly reconcile later
Procedure in Westland
The procedure is similar to that of a divorce and proceeds via the District Court of The Hague:
- Filing a petition via an attorney
- Choice between joint or unilateral petition
- Decision by the judge
- Registration in the civil registry
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 regarding parental authority, residence, and child support for children. A parenting plan is mandatory if there are minor children.Can I cohabit with my partner again after this separation?
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 arrangements.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 whereby the marriage remains intact. When to choose this option?
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 assistance of an attorney. Can I divorce later?
Yes, after 3 years this can be converted.
Summary
Separation without dissolving the marriage.Key points
- Marriage remains legally intactFor more information or legal advice, you can contact the Juridisch Loket Westland.