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Legal Separation

Does Georgia have a formal "Legal Separation" decree?

No, Georgia does not issue a specific court decree called "Legal Separation." However, courts recognize "de facto separation" which stops the accumulation of communal property.

Can I date other people while separated but married?

Legally, adultery is not a crime, but it can impact divorce proceedings if you are technically still married. However, once separation is established, new relationships are generally irrelevant to property division.

How do I protect my income while separated?

You need a notarized marital agreement stating that income earned during the separation is separate, or you must be prepared to prove in court exactly when the separation began.

Can I file for child support without divorce?

Yes. Child support (alimony) is a right of the child, independent of the parents' marital status. You can sue for support while still married.

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Legal Separation: Protecting Property and Personal Rights Before Divorce

In many countries, there is an official status known as "Legal Separation," where a couple remains married but lives apart by court order. Georgian legislation does not directly recognize the institution of "separation" as a standalone court decree. However, Georgian civil law places significant importance on "de facto separation." This is the period when spouses have ceased cohabitation, but an official divorce has not yet occurred. The legal regulation of this period is critical, as it is precisely here that it is decided which property will be considered co-owned and which will be personal property.

The Legal Separation service on Legal.ge implies legal assistance for couples who have separated but are not yet ready or do not wish to divorce officially (for example, due to religious reasons, children's psychological well-being, or immigration status). At this time, it is essential to sign a "Separation Agreement" or establish in court when cohabitation ceased to avoid future disputes over assets and debts. This service allows you to regulate your financial and family relationships without the stamp of divorce.

What Does Legal Separation Service Cover?

Specialists on Legal.ge offer the following services for the period of cessation of cohabitation:

  • Drafting a Separation Agreement: A notarized contract detailing how parties split the budget, who lives where, and how they interact with children during the separation period.
  • Establishing the Fact of Cessation of Cohabitation: Legally fixing the date when the couple ceased marital relations. This is crucial because property acquired after this date is no longer considered common property.
  • Alimony Without Divorce: Under Georgian law, alimony can be requested even during marriage if a parent does not participate in supporting the child.
  • Changing Property Regime: Concluding or amending a marriage contract for the separation period to exclude liability for debts (e.g., if one spouse takes a loan, ensuring the other is not liable).
  • Determining Child's Residence: A temporary agreement on whom the child will live with before divorce proceedings begin.

Common Scenarios and Real-World Examples

The need for legal separation arises in the following cases:

  • Trial Period: A couple is in crisis and wants to live separately for some time to sort out their feelings but wants financial order during this period.
  • Protection from Debts: The husband starts a risky business or gambling. The wife wants to document the separation so that the husband's new debts do not extend to the family's common property.
  • Religious Reasons: Due to religious beliefs, a couple does not or cannot divorce officially, but in reality, they no longer live together and need a legal framework.
  • Foreign Citizenship: One spouse's residence permit depends on the marriage. The couple ceases cohabitation but formally maintains the marriage to preserve status (within legal limits).

Georgian Legal Framework

The context of "Legal Separation" in Georgia is based on:

The Civil Code of Georgia, which establishes that property acquired by spouses during marriage is their common property, *except when they live separately and have ceased marital relations*. This exact provision creates the legal basis for the separation period to be considered a separate legal regime. The lawyer's task is to prove the fact of cessation of cohabitation.

The Civil Procedure Code: Allows filing a lawsuit for alimony or child residence without a request for divorce.

Law on Notaries: Allows concluding an agreement between spouses regarding property rights at any time, including during separation.

Step-by-Step Service Process

Cooperating with a lawyer from Legal.ge in this direction involves:

  1. Consultation: Understanding your goals — do you want to avoid divorce or is this just a preparatory stage?
  2. Drafting the Agreement: Detailing the conditions of separation (finances, children).
  3. Fixing Evidence: If the other party disagrees, the lawyer will help you document the start date of living apart (e.g., a separate apartment lease agreement).
  4. Notarization: Giving the agreement legal force.
  5. Court (if necessary): Requesting alimony or a change in property regime through the court without divorce.

Why Choose Legal.ge?

Many do not know that it is possible to protect one's rights without divorce. Legal separation is a flexible instrument that gives you time and peace of mind. Legal.ge gives you access to innovative lawyers who know how to use the nuances of Georgian legislation to your advantage. Protect your future income and peace of mind today — find a specialist on Legal.ge.

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