Separation from bed and board offers an alternative to divorce whereby the marriage remains legally intact, but the obligation to cohabit ceases. This is often chosen for religious or practical 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 as long as this situation continues.
Differences with divorce
| Feature | Separation from bed and board | Divorce |
|---|---|---|
| Marital status | Remains in force | Is terminated |
| Remarriage | Not permitted | Permitted |
| Succession law | Remains applicable | Lapses |
| Community of property | Lifted | Lifted |
| Maintenance obligation | May apply | May apply |
Motives for separation from bed and board
- Religious conviction: Some religions do not permit divorce
- Preservation of succession rights: You remain each other's legal heir
- Insurance benefits: Sometimes more advantageous to remain insured as a family
- Pension provisions: Survivor's pension remains intact
- Room for reconciliation: Possibility to live together again later
Steps in the procedure
The process is similar to that of a divorce:
- Filing a petition through an attorney with the court
- Choice between a 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 custody, residence, and child support. A parenting plan is mandatory if there are minor children.Can I live together again with my partner after this separation?
Yes, you can start cohabiting again without formal steps. However, the community of property is not automatically restored; for this, you must engage a notary for new matrimonial property arrangements.How does succession law work after separation from bed and board?
You remain each other's legal heir. If you wish to change this, you must draw up a will to exclude your partner from your estate. Otherwise, your partner inherits in accordance with the law.Frequently asked questions
What is separation from bed and board?
A legal separation whereby the marriage remains in existence.
When do people choose this?
When there are objections to a full divorce.
What are the consequences?
No longer an obligation to cohabit.
How does the procedure work?
Via a petition to the court.
Can it be converted?
Yes, it can later be converted into a divorce.
Summary
Separation without dissolving the marriage.
Key points
- The marriage remains legally in existence
Relevant institutions in Leiden:
District Court of The Hague, Leiden Location
Juridisch Loket Leiden, Stationsweg 46