Custody and care in the event of minor or disabled children

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Joywtome21
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Custody and care in the event of minor or disabled children

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When spouses, or one of them, decide to end the marriage, they have two options: separation or divorce . In colloquial language they are often used synonymously, but legally there is a big difference between separation and divorce.

Articles 73 to 107 of the Civil Code regulate annulment, separation and divorce. Each of these three figures has some common effects, but they obviously have their own meaning:

Nullity of marriage : this refers to the invalidity of the marriage. During its malaysian phone numbers celebration, one of the defects of nullity occurred (defects in the consent or capacity of the contracting parties).
Marital separation : the marital bond is maintained but cohabitation ceases.
Divorce : definitive break-up. It involves the dissolution of the marriage, both the marital cohabitation and the economic regime.
Common elements of separation and divorce
Separation and divorce have in common the fact that the couple has separated (either permanently or temporarily). This separation gives rise to the need to regulate certain matters between the spouses:

Use and enjoyment of shared housing
Debt payment
Alimony or compensatory pension
Etc.
They also have the process as a common element , both have two processing routes:

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A separation or divorce can be carried out by mutual agreement (known as express divorce ). It is a quick and more economical process.
In the absence of an agreement, a court ruling may be used . The effects of the break-up are those determined in the judgment that resolves the matter.
Divorce
The Civil Code in its article 85 indicates that marriage is dissolved by divorce .

Art. 85 CC: Marriage is dissolved, whatever the form and time of its celebration, by the death or declaration of death of one of the spouses and by divorce.


Since 2005, following a reform, the obligation for spouses to be separated was removed , allowing them to divorce directly; making shared custody easier and allowing it to be carried out without alleging any grounds for divorce. This is known as express divorce .

As we have indicated above, the steps to get divorced depend on whether it is a divorce by mutual agreement or a contentious one.

The separation
It does not imply the breaking of the marriage bond, it only puts an end to the common life of the spouses, they are still married. It is regulated in arts. 81 to 84 and in arts. 90 to 107 of the Civil Code.

Within the separation, a distinction must be made between judicial separation (which occurs by virtue of a court ruling and may be by mutual agreement or contentious) and de facto separation (which is a decision by the spouses who agree - expressly or tacitly - to cease their cohabitation relationship, but without resorting to legal action).

Difference between separation and divorce
The main difference is that divorce dissolves the marriage, but separation does not. Separation can lead to divorce, or to reconciliation , and both spouses will still be considered husband and wife. Divorce is a definitive break-up , and the only way to reverse the effects is to remarry .

Thus, divorced spouses may enter into a new marriage, but separated spouses may not. Regarding the matrimonial property regime , this is dissolved at the time of divorce. In separation, only the separation of assets occurs .
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