Cohabitation after separation

Pursuant to the judgment of the Court of Appeal in Lublin of November 21, 2019 (III AUa 912/18), separation decreed by the court may end as a result of dissolution of the marriage by divorce, annulment of the marriage or abolition of the separation by a court decision (Article 616 § 1 of the Family and Guardianship Code ). This judgment is constitutive, so the effects of separation cease only when the separation is abolished by the court (Article 616 § 2 of the Family and Guardianship Code). Therefore, the mere commencement of cohabitation by separated spouses does not result in its termination and the effects resulting from the judgment establishing separation continue.