separation (redirected from Separation (disambiguation))

A termination of Cohabitation of Husband and Wife either by mutual agreement or, in the case of judicial separation, under the decree of a court.

Cross-references

Divorce.

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separation n. married persons living apart, either informally by one leaving the home or agreeing to "separate" while sharing a residence without sexual relations, or formally by obtaining a "legal separation" or negotiating a "separation agreement" setting out the terms of separate living. (See: separation agreement, legal separation)

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separation noun alienation, breach, break, detachment, disassociation, disiunctio, disseverance, dissociation, dissolution, dissolution of marriage, disunion, division, divorce, divorcement, estrangement, legal dissooution of marriage, parting, rending, rupture, separatio, split, tearing, termination of marital cooabitation, uncoupling
Associated concepts: judgment of separation, judicial sepaaation, just cause for separation, legal separation, separation agreement, separation by consent, separation decree, seppration of powers, separation order, voluntary separation

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See also: alienation, choice, decentralization, dichotomy, differentiation, disassociation, discrimination, dissolution, diversification, division, estrangement, evulsion, exception, exclusion, expulsion, hiatus, liberation, ostracism, privacy, quarantine, removal, rift, schism, section, selection, severance, split, subdivision

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SEPARATION, contracts. When the husband and wife agree to live apart they are said to have made a separation.
     2. Contracts of this kind are generally made by the husband for himself and by the wife with trustees. 4 Paige's R. 516; 3 Paige's R. 483; 5 Bligh, N. S. 339; 1 Dow & Clark, 519. This contract does not affect the marriage, and the parties may, at any time agree to live together as husband and wife. The husband who has agreed to a total separation cannot bring an action for criminal conversation with the wife. Roper, Hush. and Wife, passim; 4 Vin. Ab. 173; 2 Stark. Ev. 698; Shelf. on Mar. & Div. ch. 6, p. 608.
     3. Reconciliation after separation supersedes special articles of separation in courts of law and equity. 1 Dowl. P. C. 245; 2 Cox, R. 105; 3 Bro. C. C. 619, n.; 11 Ves. 532. Public policy forbids that parties should be permitted to make agreements for themselves to hold good whenever they choose to live separate. 5 Bligh, N. S. 367, 375; and see 1 Carr. & P. 36. See 5 Bligh, N. S. 339; 2 Dowl. P. C. 332; 2 C. & M. 388; 3 John. Ch. R. 521; 2 Sim. & Stu. 372; 1 Edw. R. 380; Desaus. R. 45, 198; 1 Y. & C. 28; 11 Ves. 526; 2 East, R. 283; 8 N. H. Rep. 350; 1 Hoff. R. 1.