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Separation in fact

De facto separation is not a legal institution, but only a factual state in which the spouses separate, live separately, do not maintain emotional and physical ties. There is no court order. The spouses remain in the matrimonial community of property (unless there was a different regime between them). Also, alimony, parental authority or contact with the child are not automatically resolved. However, you can take actions that, despite the lack of judical separation, will create a very similar state.

Family support

Based on Article. 27 of the Family and Guardianship Code, you can apply to the court to award funds to meet the needs of the family (commonly often referred to as alimony). This is not only about the funds for the maintenance of joint minor children, but also for the other spouse. We will achieve the same effect if we manage to get along with the spouse and conclude an appropriate agreement - preferably in the form of a notarial deed, which will facilitate enforcement.

Property separation

Before a notary public, we can also conclude an agreement introducing the separation of property between spouses, as well as divide the matrimonial property taht already existed. If the spouses do not agree, they can apply to the court for the property separation (for the future) and for the division of already existing joint property.


Issues related to spouses` common children are easiest to discuss among themselves. However, if this is not possible, the court, at the request of one of the spouses, will determine:

  • child's place of residence (with mother or with father)

  • contacts with the child

  • parental authority

Unlike formal separation, in this case the spouses will still inherit from each other. The presumption that the father of the child born by the wife is also her husband will not disappear (even if she is in an informal relationship with another man).

As you can see, in the case of de facto separation, nothing happens ex lege and each case must be handled separately. In the event of a judical separation, all of the above issues will be resolved by the court in a judgment. Moreover, the court may refer the spouses to mediation.

In the event of spliting out, you should consider the situation in detail and consider whether de facto separation, judical separation or divorce would be better in your case. This decision can have significant consequences for the spouses.

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