“Mensa et thoro” is a legal separation where the couple is still married but living apart. It allows partners to live separately without fear of desertion charges. It can be used when a full divorce is difficult to obtain, or when one partner is abusive. It is relatively rare, and couples should discuss it with their lawyer.
“A mensa et thoro” is a Latin phrase meaning “from table and bed”, although it is often translated as “from bed and table”. In a court of law it is referred to as a type of divorce where the couple is legally separated, but the marriage is still considered valid. This type of divorce is relatively unusual, as most couples who go to court to seek divorce want a full divorce, known as a vinculo matrimonii, rather than a partial divorce.
When a couple receives a mensa et thoro divorce, it is essentially a court-sanctioned separation, meaning the partners can live legally apart, but are still legally married. The legitimacy of the children in the marriage remains intact and the partners cannot remarry. This type of divorce allows the partners to live apart without fear of being taken to court for desertion.
There are several reasons why a couple might file for this type of divorce. In some regions it can be difficult to obtain a full divorce, but if the partners are separated this way, the judge may decide to grant a full divorce. When the burden of proof requirements are difficult to meet, the a mensa et thoro ruling gives the couple a place on the court’s agenda when filing for a full divorce, showing that they are serious about their separation.
Sometimes, this type of divorce is used when one partner is extremely abusive, keeping the marriage legitimate while the couple is separated; it can give them a chance to resolve issues in their relationship while living in legally sanctioned separate dwellings. Spouses can also request it to protect themselves from accusations of desertion or abandonment.
Because this type of divorce is relatively rare, most lawyers assume that their clients want a vinculo matrimonii divorce when clients request a divorce, although some legal professionals may mention a mensa et thoro divorce as an option. For couples interested in this type of divorce, mention this when discussing the situation with a lawyer to ensure there is no confusion.
Protect your devices with Threat Protection by NordVPN
