5
Dec

The dream of any couple is to get married for life. However, (and unfortunately) it is currently very common for couples to decide not to be together and break the marriage bond that unites them for various reasons. In this article, we will talk about the importance of divorce.

Due to multiple reasons, people decide to maintain the legal bond of marriage, i.e., remaining separated but still married legally, not formalizing the divorce.

DIVORCE AND SEPARATION.

Separation and a divorce is not the same, although many people tend to consider that they are synonymous with one another, obtaining legal effects.

There are two types of separation in the legal field, these are:

1. Legal and
2. De facto separation.

We will be addressing and referring to the latter in this article. A de facto separation represents the end to a couple’s coexistence, without going through a judicial process.

What are the consequences of the separation of this nature instead of a Divorce?

The first thing to consider is that a separation does not imply the absolute dissolution of a marriage. Additionally, this type of separation does not imply the rupture of a marriage bond in any way; therefore, the couple remains married, even if they went through a de facto separation.

You should also take into account that at the time of celebration of a marriage, individuals would need to choose a matrimonial property regime. The most common property regime in the country is the community of goods; in which assets and liabilities are not divided given that spouses are still legally married.

A divorce is the legal dissolution of a marriage. It is issued by a judge at the request of both spouses when it is done by mutual agreement, or by only one of the spouses when it is not made by mutual agreement.

The judge decides immediately on the dissolution of the marriage, which will simply cease to exist.

The divorce decree generates the following consequences:

–       The spouses would no longer have the reciprocal duties established by the law, such as the duty of coexistence or fidelity.

–       A divorce starts the process of separation of assets automatically. As a result, the community of goods regime that existed during the marriage ends.

–       When it comes to successions, spouses cease to have rights over the inheritance of the other.

THE SIGNIFICANCE OF DIVORCE

Divorces are difficult and entail a lot of changes; however, it is vital that when dissolving a relationship while married, divorce proceedings are duly followed as established by the law.

That brings us to the most relevant question to this topic, when spouses stop coexisting or separate but do not divorce, what are the consequences?

When the only separation was of a de facto nature, the spouses remain legally married. The only effect is that they simply discontinue the life they lived in common, therefore, the process of dividing the property they have in common, such as:

1. Bank accounts in common.
2. Owned vehicles.
3. Real Estate (apartments, houses, etc).
4. Shares or partnership contributions.
5. And most importantly: DEBTS and LIABILITIES, which are part of the community of assets in a marriage.

These goods (assets and liabilities); acquired within the marriage cannot be divided, due to the fact that there was no legal dissolution of said conjugal union. Consequently, assets, “DEBTS” or any other responsibility acquired in common will continue to accumulate or decrease.

IMPORTANT:

Am I responsible for the debts my spouse acquires?

Yes.

If my spouse fails to comply with his financial responsibilities, am I responsible for that debt or noncompliance?

Yes, you are responsible for 50% of the debts your spouse accrues. However, the type of conjugal property regime that governs your marriage must be taken into account to define the extent of your liability.

If your Conjugal Property Regime is the community of property, you may experience the following:

• All of your assets may be seized (real estate, retentive or executive).
• You may be sued.

And unfortunately, if you are legally married there is not much that can be done.

What happens if I  get divorced but fail to conduct the separation of the property process?

According to Dominican law, spouses have a period of two (2) years, after the divorce decree was published, to act in regards to a partition of property. If they fail to do so, their right to sue for the partition of all their assets by a civil court, will not be processed and the action would be prescribed by this route.

The solution of cases in which there is no legal action is for each spouse to keep what they have in their possession. Subsequently, in the event that the assets are in the possession of one of the spouses, that party will retain all of them.

The provisions of the Law only apply to movable property, since in the case of real estate, the principle that “any right registered in accordance with Law «108-05 on Real Estate Registration» has no statute of limitations and enjoys the absolute protection and guarantee of the State ”.

As a result, when it comes to real estate, it is appropriate to empower the court with jurisdiction so that it is made aware of the partition of goods at any time; given that there is no time limit (statute of limitations) to do so.