Section 1: Cases and procedure for legal separation

Legal separation may be pronounced or established in the same cases and under the same conditions as divorce.

A spouse against whom an application for divorce is made may make a counterclaim for legal separation. However, where the main application for divorce is based on the permanent alteration of the marriage bond, the counterclaim may only seek divorce. A spouse against whom an application for legal separation is made may lodge a counterclaim for divorce.

When an application for divorce and an application for legal separation are lodged concurrently, the judge first examines the application for divorce. He pronounces the latter as soon as the conditions are met. Failing this, he shall rule on the application for legal separation. However, where these applications are based on fault, the judge shall examine them simultaneously and, if he grants them, shall order a divorce with shared grounds…

En outre, les règles contenues aux articles 229-1 à 229-4 ainsi que au chapitre II ci-dessus sont applicables à la procédure de la séparation de corps.