Ground Of Separation in Spanish Law

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Ground Of Separation in Spanish Law

Unread postby Admin » Sun Jan 12, 2014 4:43 pm

Ground Of Separation in Spanish Law

The following are grounds for separation under articles of 81 Spanish Civil Code
(1) The unjustified abandonment of the family home, marital infidelity, abusive or offensive conduct and any other serious or reiterated infringement of conjugal obligations.
Marital infidelity cannot be alleged as a ground for separation when there exists a prior separation in fact of the spouses, by mutual consent freely given, or imposed by the spouse alleging it.
(2) Any serious or reiterated infringement of the obligations regarding the common children or regarding those of any of the spouses who reside in the family home.
(3) Sentence to imprisonment for longer than six years.
(4) Alcoholism, drug addiction, or mental abnormalities, provided that the interests of the other spouse, or of the family, require the spouses to discontinue living together.
(5) The effective cessation of marital life in common for a period of six months by free consent. Such consent shall be understood to be freely given where a spouse requests it from the other spouse in authentic form, giving him or her express notice of the consequences of doing so, and the other spouse fails to manifest his or her will against it by any legally permissible means, or petitions a separation or the provisional measures to which Article 103 refers, within six months of the required summons.
(6) The effective cessation of marital life in common for a period of three years.
(7) Any of the grounds for divorce in the terms provided by numbers 3, 4 and 5 of Article 86.
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