What is separation?Can you apply for divorce on the basis of separation?
The divorce rate is no longer solely a matter of two people. The separation system aims to solve the problem of marital problems between the spouses and the spouses. In the future, the spouses can return to the marriage and reduce the rate of divorce.
If there is only a minor friction in life, there is no need for divorce. Separation is a good option. You can have a separate agreement with your husband for a period of time. This is separation.But if the small details of these lives have already deprived the husband and wife of a common basis of life, they can still ask for a divorce.
Separation is not legally regulated, but if the two parties have a child's dependency, the separation must be exercised without prejudice to the child's growing educational conditions, otherwise it would be possible to take unnecessary legal proceedings.
of Separation in
Our Civil Code does not expressly provide for a separation system for reference in foreign legislation and, in accordance with Germany's law, that any party may submit a request for divorce to the other party, regardless of whether or not the couple has been in existence for five years.
accordance with Swiss law,
or separation is requested by one of the spouses of one of the spouses (article 43 of the Swiss Civil Code), where the reasons for divorce are to be pronounced by the court, or divorce or separation.However, only separated persons are not allowed to declare a divorce.The divorce may be made only when both spouses have repeated and good wishes (article 46 of the Swiss Civil Code).At this time, the court may declare its separation from one to three years' time, and may also be separated from time to time.Upon the expiration of the separation period, the spouse of any party may request a divorce if the separation is then ended and, if no one has yet done so.Declared Separation of Period has been declared for three years and has not been carried out for three years and either spouse may request a divorce or a separation (article 177, article 488 of the Swiss Civil Code).
As for both our country and Japan, neither side of the couple can ask for a divorce on the grounds of separation.After the period of separation, the husband and wife should fulfil their obligation to cohabit, and if one of them still refuses to cohabit, it will constitute a breach of the obligation of cohabitation, at which point the other party may claim the grounds for the decision to divorce.If both parties are unwilling to live up to their cohabitation obligations, it is suggested that both spouses can negotiate a divorce.
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