Body Separation
Verified 01 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
You're married and you want to separate? Legal separation allows spouses to reside separately without severing the marriage. We present you the information to know.
Legal separation allows spouses to stay married, by being allowed to live separately.
Body separation is of interest for spouses opposed to the principle of divorce. It does not put a definitive end to marriage. It allows a spouse who has few resources to benefit from the protection offered by marriage.
Warning
The de facto separation is different of the separation of bodies. De facto separation refers to a unofficial situation in which the spouses no longer live togetherBut they stay married. Legal separation has legal value and is provided for by law.
The separation of bodies always results in the separation of property. The heritage common of spouses must be shared.
Body separation can be requested only by married persons.
It may be ordered by the judge or established out of court by act under private signature.
Warning
If one or/and the other of the spouses protective measure, divorce by mutual consent shall not be not possible.
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Legal separation before the judge
When the spouses want to separate but do not agree on their separation, they can make a judicial separation procedure.
It may be requested in the following cases:
- Application for legal separation accepted where the spouses agree to separate, but do not agree on the consequences of such separation (maintenance, custody of children, etc.),
- Application for legal separation for misconduct when the spouses blame themselves for the facts that make life together intolerable (infidelity, violence...),
- Application for legal separation for permanent alteration of the conjugal bond when the spouses have been living apart for at least 1 year.
Each of the spouses must have lawyer. If their resources are insufficient, they can benefit from legal aid to cover all or part of the costs.
Who shall I contact
The Family Court Judge (Jaf) of the court of justice shall have jurisdiction.
The request is made by assignment by the lawyer of the spouse who requests legal separation (the applicant) or by joint request written by the lawyers of the two spouses.
Representation by lawyer is mandatory from the start of the procedure for the 2 spouses.
During a summons, the spouse who has not taken the initiative of legal separation (the defendant) has a time limit of 15 days to get a lawyer. If he doesn't get a lawyer, he can't make any demands, or defend himself alone.
The summons shall constitute the conclusions of the applicant spouse, i.e. his/her claims and arguments.
It must indicate the type of body separation requested:
FYI
Where a spouse wishes to apply for legal separation for misconduct, it shall not indicate this ground in the summons.
Requests for provisional measures may be requested in the summons, i.e. a temporary organization concerning the children and property of the spouses during the proceedings.
The application for legal separation must contain the following elements:
- Place, day and time of the Orientation and Interim Measures Hearing (PAD)
- Proposal for liquidation the financial and property interests of the spouses
- Reminder to spouses of information that they can try to resolve conflicts amicably by a family mediator
- Reminder to spouses that they can ask the Jaf: titleContent the approval of partial or complete agreements on the exercise of parental authority and the consequences of their separation (end of life together...).
The application for legal separation is considered at a hearing called orientation hearing and interim measures (AOMP). At that hearing, the spouses must be represented by their lawyers or be present assisted by their lawyers.
This hearing (AOMP) allows to take interim measures.
The judge may:
- Either declare the agreement of the spouses for a participatory procedure
- Either refer the case to the preconditioning by providing a timetable with dates for the progress of the file
- Either refer the matter to a plea hearing.
At the end of the orientation hearing, the judge may decide to refer the case back to a phase of the called procedure preconditioning if the spouses have applications to make.
During this period, lawyers must present their requests and their arguments (called means) in a named writing conclusions, together with supporting documents.
The spouses must exchange all their documents: it's the adversarial principle. All these documents and conclusions are also communicated electronically, by lawyers, at graft from the court.
A judge, called prep judge, shall have the role of ensuring that the procedure runs smoothly.
During the pre-trial hearings, this judge verifies that the exchange of findings and exhibits between the spouses takes place within the time limits set by it.
Pre-trial hearings are held regularly until the case is ready for trial. They take place virtually : spouses do not have to go to court and lawyers exchange the documents of the proceedings securely by electronic means.
Once the file is complete, the pretrial judge closes trading and sets the date for the hearing of the case. This hearing is called oral hearing.
Spouses may not provide new findings or documents after the date of completion of the preconditioning.
Once the file is complete, the file is referred to a plea hearing, the lawyers represent the spouses. They can plead or simply file their case.
At the end of the hearing, the judge shall give the date of deliberate, i.e. the date on which the legal separation judgment is handed down.
The family judge pronounces this separation of bodies specifying the legal basis (for permanent alteration of the conjugal relationship, for fault, or accepted separation).
The judge shall also rule on all applications submitted by the spouses (residence, child support etc.).
Lawyers must provide each spouse with a certified copy of the judgment of legal separation.
The judgment of separation may be challenged by appeal in the one month delay.
This period shall start from meaning of the decision by a commissioner of justice.
The appeal is to the court of appeal through a lawyer.
Who shall I contact
The judgment of separation of body became definitive, it must be mentioned in the margins of the birth certificate and the marriage certificate of each of the spouses.
Separation of the body by mutual consent
The procedure of separation by mutual consent is identical to that of the divorce by mutual consent.
Each of the spouses is obligatorily assisted by a lawyer.
Who shall I contact
If their resources are insufficient, they can benefit from legal aid to cover all or part of the costs.
The lawyers will write the draft convention of body separation.
The agreement shall include the following information:
- Conditions exercise of parental authority
- Mention that the minor has been informed by his parents of his right to be heard by the judge
- Liquidity statement the matrimonial property regime or a declaration of honor that there is nothing to share.
Each lawyer shall send the draft agreement by registered letter with acknowledgement of receipt to the spouse he is assisting.
The spouses have a reflection period of 15 days.
We must wait until the end of this period to sign the convention.
The convention is signed by the spouses and their lawyer in 3 copies.
The spouses shall each keep an original of the agreement together with its supporting documents. On 3e original is for the notary.
In the 7 days after the signature, one of the lawyers must send the 3e copy of the agreement to a notary.
Warning
If a minor child asks to be heard, legal separation must be approved by a judge at the request of the lawyers.
The notary verifies the presence of the mandatory information in the agreement and whether the 15-day reflection period has been respected.
The notary classifies the agreement to preserve it and avoid its loss or destruction. It is said that it places the convention among the minutes.
The deposit of the agreement with the notary makes it possible to give the agreement certain date and enforceability, i.e. the Convention is now applicable.
The mention of the body separation must be recorded on the margins of the birth certificate and the marriage certificate of each of the spouses.
The conversion to divorce is not automatic. Spouses separated from one another shall initiate a divorce process if they no longer want to be married.
Bridge between legal separation and divorce by mutual consent
Legal separation by mutual consent may be converted into divorce by mutual consent at any time.
Judicial separation may be converted into divorce by mutual consent at any time. Conversion is possible if legal separation has been pronounced for fault, for permanent alteration of the conjugal relationship or by acceptance of the principle of marriage breakdown.
Bridge between judicial separation and judicial divorce
The spouse against whom an application for legal separation is made may counterclaim in divorce.
The spouse against whom a divorce application is made may file a counterclaim for legal separation.
The spouse who filed for divorce could replace it with a legal separation procedure, even on appeal. However, the opposite is not possible.
If one of the spouses applies for legal separation and the other for divorce, the Jaf: titleContent first consider the divorce petition. If the conditions are met, the divorce is pronounced. Otherwise, the judge considers the application for legal separation.
When the 2 applications (one for divorce, the other for legal separation) are based on the fault, the Jaf shall examine the applications simultaneously. If he accepts them, he pronounces the divorce at the shared wrongs of the spouses.
FYI
Divorce can be requested if it has elapsed 2 years after the legal separation judgment.
Body separation takes effect between spouses the day the judgment has become res judicata or as from the deposit of the agreement with the notary if the spouses are separated from each other amicably.
The effective date of legal separation in respect of property shall be fixed at date of application for legal separation. At the request of one of the spouses, this date may be fixed by the judge on the date on which the cohabitation ceased.
The agreement or judgment of legal separation is enforceable to third parties, in respect of the property of the spouses, from the day on which formalities of mention in the civil status have been carried out.
The separation of bodies don't dissolve the marriagebut she has significant legal effects.
Termination of the duty of cohabitation
The spouses remain married, but they are allowed to no longer live together.
Separation of property
When the spouses are legally separated, they are subject to the regime of separation of property. The rules governing the liquidation and division of their assets depend on their matrimonial regime.
The liquidation shall be carried out before a notary, if the spouses have a common property.
Please note
If they are married under the separation of assetsHowever, the assets are separated during the marriage, they do not have to liquidate their matrimonial property regime.
Effects on children
The Jaf: titleContent rule on the exercise of parental authority. It determines the place of residence of the children. It sets the amount of the child support, and organizes the rights of access and accommodation.
In case of pregnancy during body separation, the presumption of paternity is excluded because of the lack of cohabitation.
Duty of fidelity
The duty of loyalty still exists.
Spouses cannot marry or enter into a Civil partnerships: titleContent with another person.
Adultery allows spouses to file for divorce for fault.
Payment of spousal support
The duty of relief and assistance still exists and may give rise to the payment of maintenance to the spouse in need.
If the consistency of the spouse's property debtor this pension can be replaced by a lump sum payment.
It may be provided for by the legal separation agreement by mutual consent or granted by the court pronouncing the legal separation. It may also be granted by a subsequent judgment.
Ability to keep the same usage name
The spouse who uses the other's common name may keep it. However, if one of the spouses so requests, the judgment or legal separation agreement by mutual consent may prohibit it.
Taxes
There's no more common taxation.
Succession
If one of the spouses dies, the surviving spouse retains his or her inheritance rights under the law.
His share of inheritance varies, depending on whether the deceased spouse had children or no.
FYI
Spouses may, however, waive some of their inheritance rights by legal separation agreement by mutual consent.
Legal separation ceases if the spouses resume their life together, if they divorce or if one of them dies:
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Transformation into divorce
Legal separation ends in the case of an application for conversion of legal separation into divorce.
The application for conversion to divorce is made by assignment in court. The lawyer is mandatory.
Who shall I contact
One of the spouses may request it after 2 years after the legal separation judgment. Divorce will be pronounced. The cause of separation becomes the cause of divorce.
If the spouses make a joint application, the conversion of the separation into divorce is not subject to the 2-year period and may be requested at any time.
Resumption of life together
The spouses must wanting to both live together again.
They remain subject to the regime of separation of property, unless they choose another matrimonial regime before a notary.
To be able to enforceable against third parties, the resumption of life together must be noted by a notary or declared to a civil registrar. This statement can be made in any town hall.
A statement shall be entered on the margins of the marriage and birth certificates of the spouses.
Deaths
Body separation ends when one of the spouses dies.
Tax stamp
The applicant spouse must pay a fiscal stamp from €50 to bring his claim before the courts, unless he is a beneficiary of legal aid.
In case of joint application, the spouses must also pay the tax stamp.
Right to share
The division of movable and immovable property is subject to a registration fee or to a tax of land advertising from 1.10%.
Lawyer fees
The cost varies depending on the attorney's fees chosen.
If the spouses have insufficient resources, they can apply for legal aid.
Notary fees
Some notary fees may be dependent on the spouses.
Legal separation resulting in the separation of property, if the spouses were married under a community, on matrimonial regime must be liquidated to share the assets (real estate, bank accounts, debts, credit...).
If a notary drafts the deed of division (when there is one or more immovable property), he is entitled to emoluments These emoluments are calculated on the value of the shared assets after deduction of any debts.
Who can help me?
Find who can answer your questions in your region
For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
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Major protected: general provisions
Case and procedure of legal separation
Consequences of body separation
End of body separation
Proceedings before the Pre-Trial Judge
Completion of pretrial and postponement of hearing
Territorial jurisdiction of the court
Conversion of a divorce into legal separation
Advertising of body separation
Application and proceeding
Interim measures
Divorce on conversion of legal separation
Divorce by mutual consent by deed under private signature countersigned by lawyers, filed as a notary's minutes
