Separation from bed and board offers an alternative to divorce where the marriage remains legally intact, but the obligation to cohabit ceases. This can be a solution for religious or practical reasons.
What does separation from bed and board entail?
In separation from bed and board, you remain officially married, but the obligation to cohabit and the community of property are lifted. You cannot remarry in this situation.
How does it differ from divorce?
| Characteristic | Separation from bed and board | Divorce |
|---|---|---|
| Marital status | Remains intact | Is terminated |
| Remarriage | Not possible | Possible |
| Inheritance law | Remains applicable | Cesses |
| Community of property | Lifted | Lifted |
| Maintenance obligation | May apply | May apply |
Reasons for separation from bed and board
- Religious conviction: Some religions do not permit divorce
- Preserve inheritance rights: You remain each other's legal heir
- Insurance benefits: Advantageous to remain insured as a family
- Pension provisions: Survivor's pension remains intact
- Room for reconciliation: Possibility to live together again later
How does the procedure work in Rijswijk?
The procedure is similar to that of a divorce and proceeds via the District Court of The Hague:
- File a petition through an attorney
- Choice between a joint or unilateral petition
- The court issues a judgment
- Registration in the civil status register
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.
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 resume cohabitation without formalities. However, the community of property is not automatically restored; for this, you must engage a notary.How does inheritance law work after separation from bed and board?
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 do you choose this?
When there are objections to a full divorce.
What are the consequences?
No obligation to cohabit.
How does the procedure work?
Via the District Court of The Hague.
Can it be converted?
Yes, later to a divorce.
Summary
Separation without terminating the marriage.
Key points
- Marriage remains legally intact
- Procedure via District Court of The Hague
For more information or assistance, you can contact the Juridisch Loket Rijswijk.