Living separately means more than having a new address.
Under section 1567 of the Civil Code, the spouses must no longer share a domestic life, and at least one must clearly intend not to restore their marital life together. Separation can also be possible within the same home. Conversely, a temporary absence for work does not by itself establish separation.
The question uses “man and woman”. This explanation refers to spouses generally. The essential condition for divorce is the breakdown of the marriage; statutory periods of separation help establish that breakdown in law.
The other three answers
The three incorrect answers attach the year to the wrong event.
The divorce process lasts one year.
Divorce proceedings do not necessarily last exactly one year. The separation year describes the spouses’ living situation, not a fixed court timetable.
The man and woman are married for one year, then divorce is possible.
Being married for a year is not the same as living separately for a year. The question concerns the period of separation.
Visitation rights for children last one year.
The separation year does not limit contact with children to one year. Contact arrangements are a separate matter.
One year does not produce the same legal result in every case.
After one year of separation, breakdown is conclusively presumed if both spouses apply for divorce or the other consents. After three years, that presumption applies regardless. This does not mean lack of consent always requires waiting three years; breakdown can also be established otherwise.
Before one year has elapsed, the law provides only a narrow exception for unreasonable hardship. Brief reconciliation attempts do not interrupt the statutory separation periods. Assessing a particular case requires more information than this exam question provides.
Section 1567 · Living separately · Civil Code ↗Separation year = separate lives, not a one-year marriage or one-year trial.
The correct answer describes living separately and says only that divorce may then be possible.
Three words for this question
- getrennt lebento live separately
- No longer sharing a marital domestic life.
- die Scheidungdivorce
- The legal dissolution of a marriage by a court decision.
- der Versöhnungsversuchreconciliation attempt
- An attempt to resume shared marital life.