What is de facto separation?
In a de facto separation, both spouses retain their marital status but live at separate addresses. It is often a transitional stage before divorce or return to married life.
De facto separation in Brussels
De facto separation is the situation in which spouses or cohabitants decide to no longer live together, without divorcing or terminating their legal cohabitation. The marriage continues, but daily life apart.
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De facto separation: different residences
The spouses establish their residence at separate addresses. This separation can be:
- Voluntary (mutual agreement)
- Unilateral (decision of one spouse)
Marital obligations continue
During de facto separation, the legal obligations of marriage remain in force:
- Duty of fidelity
- Duty of assistance and support
- Tax solidarity and certain household debts
De facto separation can lead to divorce
After 6 months of de facto separation (joint request) or 1 year (unilateral request), divorce based on irretrievable breakdown can be obtained on this ground alone.
Why consult a lawyer before a de facto separation?
- Secure the separate residence and its financial aspects
- Settle child custody and residence
- Set any spousal or child support
- Prepare any future divorce in the best conditions
How Sarah Satti can help you
Sarah Satti advises you on the most appropriate choice between de facto separation, legal separation and divorce, depending on your personal, financial and family situation.
📞 Book an appointment: +32 495 19 34 77 | 100€ excl. VAT — 30 min | [Book online →]
Frequently asked questions
De facto separation maintains the marriage and all its obligations. Divorce dissolves the marriage definitively.
Brussels Bar
Sarah Satti
Your English-speaking lawyer at the Brussels Bar
Sarah Satti, lawyer at the Brussels Bar, primarily practises family law. She guides her clients through all family proceedings with rigour and kindness.
Learn more about Sarah Satti