Separation of concubines

Verified 14 November 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

You live in a common-law relationship and you want to separate, by mutual agreement or on your own initiative? You can separate freely and agree on all the consequences of your separation. In case of disagreement, especially if you have common children, it is possible to turn to a mediator or, in case of failure, to the judge. We tell you what you need to know.

Out of court

Free union involves free break. Each of you 2 can, at any time, regain your freedom.

If all 2 of you accept the break and its consequences, no rules are imposed on you.

For all that is common, you need to organize your separation in the following areas:

  • Material goods (distribution of furniture, car)
  • Family (custody or residence of children)
  • Wealth (sale of real estate).

FYI  

Check in your common documents (deed of ownership, loan subscription, etc.) the rules that apply in case of separation.

Your property is either personal (acquired by a single cohabiting partner) or undivided (joint acquisition by the 2 cohabiting partners).

At the time of the break-up, each person takes back his personal property. Undivided assets are shared.

Each cohabiting partner must provide proof of his property.

If you wish, you can write a written copy of your agreements (agreement).

The breakup can therefore be done without the intervention of a judge.

Disagreement

The rule depends on the subject of your disagreement:

Fate of the children

In case of disagreement, you have every interest in turning to a family mediator to find a common solution.

Who shall I contact

If the disagreement persists, you can submit to the Family Court Judge (Jaf) the following problems:

You must seize the Jaf.

You can use the following form:

Application to the family court judge (parental authority, access rights, maintenance, etc.)

The use of a lawyer is not required.

Who shall I contact

Ownership of property

Your assets are either personal (acquired by a single common-law partner), or undivided (acquired jointly by the two cohabitants).

At the time of the break-up, each person takes back his personal property.

Undivided assets are shared.

In case of difficulty, each cohabiting partner must provide proof of ownership.

In case of persistent disagreement, you can address you to the judicial tribunal.

Breaking up a cohabitation is not a fault.

However, the fault may arise from the circumstances of the rupture, for example because of its brutality.

If you have been harmed, you must prove fault.

In the event of an abusive break, compensation may be granted to you by court decision.

You must refer the matter to the judicial court.

If you worked for your partner without pay, he got rich at your expense.

You can apply for compensation.

It will be based on unjustified enrichment.

You must prove items following:

  • Your impoverishment
  • The unjustified enrichment of your cohabiting partner.

You must refer the matter to the judicial court.

Who can help me?

Find who can answer your questions in your region

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