Judicial Separation
Wolfenson provides excellent legal advice in the legal separation procedure and in the declaration of an asset as a relative.
Our firm provides the necessary guidance so that our clients can carry out the separation of their spouse and / or the declaration of an asset as belonging to the "family" to protect it from eventual disposals.
Wolfenson Abogados develops a specialized legal practice for litigation and general legal advice in the family area.
Here is a legal guide to provide you with guidance on legal separation and family assets:
What is judicial separation?
When we speak of judicial separation , we refer to that situation where the end of life in common between the spouses has been declared by means of a judicial resolution . However, the marriage bond has not been dissolved .
What are the grounds for judicial separation?
An interested person may petition a court to order the judicial separation in the following cases: When one of the spouses has committed a serious fault attributable to him, such as serious breach of the essential duties and obligations of marriage , as well as breach of duties and obligations related to children . To this cause must be added the fact that this failure must have made life in common intolerable .
The judicial separation can also be requested in the case of cessation of coexistence of the spouses .
What does the decree decree the judicial separation?
The sentence should mainly resolve everything related to what is the property regime within marriage and maintenance between spouses .
In the event that there are children within the marriage, they must address the issue of alimony , the regular direct relationship and also the custody of minors.
Finally and as long as the parties have requested it and they have also presented sufficient evidence, the liquidation of the patrimonial regime that the marriage had (the marital partnership regime or participation in the community ) must take place.
What effects does the judicial separation entail?
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The marital status of the spouses changes: they go from being "married" to being "judicially separated"
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The duty of cohabitation (coexistence) and fidelity ends. Notwithstanding this, the other rights remain between the spouses , such as maintenance , but this right will be reduced to a minimum for the spouse who has caused the separation.
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The assets are liquidated . However, you can still request usufruct on any of the assets that have been previously declared as a family asset.
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Spouses can freely start managing the assets they received after liquidation.
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Hereditary rights are not altered in any way, this, with the exception that the judicial separation had been produced by a serious breach of the duties and obligations of the marriage and / or with the children and also that this lack had made life intolerable in common . This must have been judicially declared. (In this case, the spouse who committed the offense loses his right to request judicial separation ).
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The prohibition to enter into a sale between the spouses disappears, a prohibition that occurs between two married people.
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Seventh, the spouses lose all right to adopt , but if the adoption has already begun to process, the adoption may be chosen as long as the best interests of the child so indicate .
What are the effects of judicial separation on children?
It is essential that you bear in mind that filiation is not altered in any way after a judicial separation , therefore, the rights and duties of parents towards their children ( alimony , visits , etc.) are not altered.
What is the declaration of the family good?
Corresponds to that request that the property on which your declaration as a family asset is obtained, may not be sold, leased or mortgaged , nor that the owner spouse may make any act of disposition that harms him. Despite this, the property declared family property is seizable (in most cases), although creditors of the debt may be forced to pay it with other assets of the debtor.
What is the purpose of the family good declaration?
Its purpose is to guarantee a home to the family nucleus and to prevent the non-owner spouse and children from being left homeless when the marriage is broken .
What assets can be declared as relatives?
Only the property that fulfills the function of being the main residence of the family , who must live in it. It is necessary to mention that not only the house declared as a family asset will be protected under this action, but also all the furniture and belongings that are within it, which cannot be removed by the owner of the property . Wolfenson Abogados provides its clients with adequate legal advice for the declaration of the family property.
Who can request the declaration of the family property?
Although it is not clearly stated in the law , only the spouse of the property owner can make this request, and in order to make it, the couple must have a marriage bond . Cohabiting or same-sex couples cannot resort to this legal institution .
Can the declaration of family property be canceled?
Yes, this action is called disaffection of the family property and can occur by mutual agreement of both spouses . Likewise, the owner can request the disaffection before a judge, showing that the property is not fulfilling the primary residence function of the family.
In case of divorce , the disaffection and destination of family assets will be left to a judge, since in some cases, it is considered that the family does not cease to exist simply because of the divorce .
Wolfenson Abogados provides excellent legal advice with lawyers specialized in judicial separation and declaration of a family asset
Links of interest about the Jucidial Separation :
1.- Civil Code
2.- Law That Creates Family Courts (Law 19.968)
4.- Judicial Separation - Diario Constitucional
Wolfenson Lawyers. Chile Law Firm.
If you need more information and legal advice regarding legal separation and family assets, we invite you to contact our lawyers in Santiago. We are located at Av. El Golf 40, 12 Floor, in the commune of Las Condes, Santiago de Chile.