Marriage still implies an obligation to cohabit, but this rule has lost its rigidity.
“Yes, it is possible to have an address other than that of your husband”according to Maître Renaud Grégoire. Getting married always implies the obligation of cohabitation but if it is not respected, it is no longer sanctioned.
Master Gregory compared it with fidelity, which is also an obligation between spouses. Apart from the pain caused by the unfaithful person, what does he risk? It is no longer even a reason for divorce.
This relaxation in the respect of the obligations linked to marriage dates back to 2007, when divorce for fault completely disappeared. It is not so old, this time when these faults were a condition for separation. It was then adultery, assault and battery and abandonment of the marital home.
Since this has been removed, the rule written in the law that a married couple must live under the same roof still exists… but in practice, it’s a different story.
Julie Taton municipal Mons
