We want to get back to living together...
We want to get back to living together...
"After a court-ordered separation, what happens if the couple wants to end the separation and live together again?
Danielle, Avully
It all depends on the type of separation in question.
The first, extrajudicial separation, also known as de facto separation, takes place without the intervention of a judge. This is when the spouses separate for a while to think things over. If the couple manage to settle important issues on their own, such as the allocation of accommodation or child custody, they are not obliged to appear before a judge. Agreements can even be drawn up in writing to determine the terms of the separation. Such agreements are less binding than a court order and can be amended more easily.
The second type of separation, judicial separation, is less flexible. It is ordered by the judge responsible for measures to protect the marital union when the spouses so request. The measures taken under this procedure apply as long as a divorce petition has not been filed, or as long as the spouses live separately; if they resume living together these measures lapse.
The third, legal separation, which is also a judicial separation, is applied less and less in Swiss law. It settles matrimonial property issues definitively. This separation requires the conditions for divorce to be met.
Finally, divorce definitively dissolves the marriage ties between the spouses.
Whatever the type of separation, the way to end it is the same. All you have to do is go back to living with your partner, with their agreement of course! In fact, resuming life together cancels the measures taken. You should be aware, however, that if your separation has been ordered by a judge, all measures ordered with a view to separation lapse if you resume living together, with the exception of separation as to property and child protection measures.
